It is the intent and purpose of this chapter:
A.
Promote orderly development. To protect the character
and maintain the stability of all areas within the Borough and to
promote the orderly and beneficial development of such areas.
B.
Provide adequate light and air. To regulate the intensity
of use of zoning lots and to determine the areas of open spaces surrounding
buildings necessary to provide adequate light and air, privacy and
convenience of access to property and to protect the public health,
safety and welfare.
C.
Limit congestion. To limit congestion in the public
streets and so protect the public health, safety, convenience and
the general welfare by providing for off-street parking of motor vehicles
and for the loading and unloading of vehicles.
D.
Promote appropriate land use. To encourage the appropriate
use or development of lands in this Borough in a manner which will
promote the public health, safety, morals and general welfare.
E.
Provide sufficient space. To provide sufficient space
in appropriate locations for a variety of agricultural, residential,
recreational, commercial and industrial uses and open space, both
public and private, according to their respective environmental requirements
in order to meet the needs of all New Jersey citizens.
F.
Creative development techniques. To promote a desirable
visual and aesthetic environment through creative development techniques
and good civic design and arrangements.
G.
Efficient use of land. To encourage coordination of
the various public and private procedures and activities shaping land
development with a view of lessening the cost of such development
and to the more efficient use of land.
H.
Secure safety from hazards. To secure safety from
fire, flood, panic and other natural and man-made disasters.
I.
Promote appropriate densities. To promote the establishment
of appropriate population densities and concentrations that will contribute
to the well-being of persons, neighborhoods, communities and regions
and preservation of the environment.
J.
Promote conservation of open space. To promote the
conservation of open space and valuable natural resources and to prevent
urban sprawl and degradation of the environment through improper use
of land.
K.
Reduce hazards in sloping areas. To reduce the hazards
which exist in steep-sloping areas by reason of erosion, siltation,
flooding, surface water runoff, pollution of water supplies from point
and nonpoint sources.
L.
Protect inappropriate development. To preserve and
protect areas of high-water table, floodway and flood hazard areas
from inappropriate development.
M.
Preserve wetlands. To preserve streams, watercourses
and wetlands in their natural state wherever possible.
N.
Preserve water supply. To preserve and protect the
quality and quantity of ground- and surface water supply from pollution
and diminution of their safe yield.
O.
Control runoff. To assure the adequacy of existing
and proposed culverts and bridges; to induce water recharge into the
ground where practical; to lessen nonpoint pollution; to maintain
the integrity of stream channels for their biological functions as
well as for drainage and the means necessary for water supply, preservation
or prevention or alleviation of flooding.
This chapter shall be known and may be cited
as the "Zoning Ordinance of the Borough of Norwood."
[Amended by Ord. No. 93-0-22]
A.
Certain words, phrases and terms in this chapter are
defined for the purpose thereof as follows: 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 words "designed or intended to be occupied"; the word
"use" includes the words "arranged," "designed," or "intended to be
used."
B.
ACCESSORY APARTMENT
ACCESSORY BUILDING
ACCESSORY DWELLING
ACCESSORY STRUCTURE
ACCESSORY USE
ADDITION
AFFORDABLE HOUSING OR LOW- AND MODERATE-INCOME HOUSING
ALL-WEATHER SURFACED
ALTERATIONS
AUTOMOBILE REPAIR SERVICES, MAJOR
AUTOMOBILE SALES
AUTOMOBILE SERVICE STATION
AUTOMOBILE SERVICE STATION AND CONVENIENCE STORE
BILLBOARD SIGN
BUILDING
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
(1)
(2)
(3)
BUILDING LINE
BUSINESS SIGN
CELL TOWER OR WIRELESS TELECOMMUNICATION TOWER OR FACILITY
COAH
COMMERCIAL SIGN
COMMERCIAL VEHICLE
COMMUNICATIONS ANTENNA
COMMUNICATIONS TOWER
CONVENIENCE STORE
CORNER LOT
DECK
DETENTION BASIN
DEVELOPER
DEVELOPMENT
DEVELOPMENT FEES
DIGITAL OR ELECTRONIC SIGNS
DRIVE-IN RESTAURANTS
(1)
(2)
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, TWO-FAMILY
DWELLING UNIT
EDUCATIONAL USE
EGRESS AND INGRESS
EGRESS OPENING
EQUALIZED ASSESSED VALUE
FAMILY
FENCE
FINANCIAL SERVICE CENTER
FLOOD HAZARD AREA
FLOODWAY
FRONT YARD
GOVERNMENTAL SIGN
HABITABLE AREA
HEALTH CLUB
HOME OCCUPATION
(1)
(2)
(3)
(4)
(5)
(6)
HOME PROFESSIONAL OFFICE
HOUSING REGION
ILLUMINATED SIGN
IMPROVED LOT COVERAGE
INDOOR RECREATION FACILITY, COMMERCIAL
INTERIOR LOT
LIVING FENCE
LOADING AND UNLOADING FACILITY
LOT
LOT AREA
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT LINE
LOT WIDTH
LOW INCOME
MASSAGE
MASSAGE ESTABLISHMENT
MEAN GRADE
MEDIAN HOUSEHOLD INCOME
MICRO-BREWERY
MINOR SUBDIVISION
MODERATE INCOME
NEIGHBORHOOD
NEON SIGN
NONCOMMERCIAL SIGN
NONCONFORMING BUILDING OR USE
OBSCENE MATERIAL
(1)
(2)
(3)
ONE-FAMILY DETACHED HOUSE
OPEN SPACE
PARKING SPACE
PATIO
PERMANENT SWIMMING POOL
PERSON
PLANNING BOARD
PLOT PLAN
POLITICAL SIGN
PORCH
PORTABLE ON-DEMAND STORAGE (PODS) STRUCTURES
PORTABLE POOL
PRINCIPAL BUILDING
PRIVATE GARAGE
PRIVATE SALE OR EVENT SIGN
PROFESSIONAL OFFICE
PUBLIC GARAGE
PUBLIC ISSUE SIGN
REAL ESTATE SIGN
REAR YARD
REPAIR
REQUIRED YARD
RETENTION BASIN
SELF-STORAGE FACILITY
SET-ASIDE
SEXUALLY ORIENTED BUSINESS
(1)
(2)
SIDE YARD
SIGN
SIGHT TRIANGLE
SLOPE
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
STEEP SLOPE
STORY
STREAM
STREET
STREET LINE
STRUCTURE
SUBSTANTIVE CERTIFICATION
TATTOO PARLOR
TEMPORARY SIGN
TERRACE
TERRACE
TREE
USE
WALKWAY
WAREHOUSE/DISCOUNT CLUB
WATERCOURSE
WETLANDS
WHOLESALE OR COMMERCIAL BAKERIES
WINDOW WELL
ZONING BOARD
ZONING OFFICER
As used in this chapter, the following terms shall
have the meanings indicated:
A dwelling unit with a separate means of ingress and egress
containing separate kitchen, bathroom, and sleeping facilities, that
is physically attached to or contained within an existing single-family
detached dwelling, or occupies the second story of an existing garage
or accessory building on the same lot as the principal dwelling.
[Added 9-9-2015 by Ord.
No. 15:12; amended 3-11-2020 by Ord. No. 20:02]
A building which is customarily used as an incidental building
in a principal building and located on the same lot with such principal
building.
A dwelling unit either attached to a single-family principal
dwelling or located on the same lot and having an independent means
of access.
[Added 3-11-2020 by Ord. No. 20:02]
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
[Added 3-11-2020 by Ord. No. 20:02]
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
[Amended 3-11-2020 by Ord. No. 20:02]
Extension or increase in the floor area or increase in the
height of a building or increase of cubic area.
Housing for sale or rental that is affordable, according
to standards for home ownership or rental costs adopted by COAH, occupied
or reserved for occupancy by households with a gross household income
of less than 80% of the median household income and subject to affordability
controls.
A hard surface paving whose surface is impervious to water.
Any change, rearrangement or addition other than repairs,
to a building; any modification in the construction or equipment of
a building; any reroofing or residing; or any enlargement by moving
from one location or position to another.
General repair, rebuilding, or reconditioning of engines,
transmissions, or other major systems of motor vehicles or trailer,
including bodywork, welding, and major painting service.
[Added 3-11-2020 by Ord. No. 20:02]
The use of any building, land area, or other premise principally
for the display, sale, rental, or lease of new or used automobiles
(but may include light trucks or vans, trailers, or recreation vehicles),
and including any vehicle preparation, warranty, or repair work conducted
as an accessory use.
[Added 3-11-2020 by Ord. No. 20:02]
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; minor
or light servicing and repair of automobiles; and including as an
accessory use the sale and installation of lubricants, tires, batteries,
and similar vehicle accessories.
[Added 3-11-2020 by Ord. No. 20:02]
A retail facility combining an automobile service station
and convenience store.
[Added 3-11-2020 by Ord. No. 20:02]
A sign that directs attention to a business, commodity, service,
or activity conducted, sold, or offered at a location other than the
premises on which the sign is located.
[Added 8-10-2016 by Ord.
No. 16:14]
Any temporary or permanent structure, finished wall or enclosure,
built either above or below the ground, used or intended for supporting
or sheltering any use or occupancy. When such structure is divided
into separate parts by unpierced walls extending from the ground up,
each part is deemed a separate building. Building shall also include
any structure having a roof supported by column piers or walls, including
but not limited to tents, lunch wagons, trailers, diners, camp cars
or other structures on wheels or having other supports and any unroofed
platform, terrace, porch or deck.
The maximum horizontal projected area of a principal building
and its accessory buildings, excluding decks, uncovered porches, terraces,
patios, and steps.
[Amended 4-13-2016 by Ord. No. 16:01]
That area of a lot covered by buildings measured on a horizontal
plane around the periphery of the foundation(s) and including the
area under the roof of any structure supported by columns, but not
having walls, as measured around the extremities of the roof above
the columns.
[Added 2-25-2004 by Ord. No. 04:01]
For all buildings, building height shall be vertical distance
from the average ground elevation around the foundation to the building's
highest point, exclusive of chimney, mechanical equipment, elevator
tower and flagpole, which shall not exceed the height of the existing
building by more than 12 feet, but in no event shall it exceed the
maximum building height specified for a particular zone by more than
eight feet. The average ground elevation shall be calculated by measuring
the ground elevation at ten-foot intervals around the perimeter of
the foundation.
[Amended 2-25-2004 by Ord. No. 04:01]
A At no point around the perimeter of the building
shall the height of the building, exclusive of chimney, mechanical
equipment, elevator tower and flagpole, exceed by more than five feet
the maximum allowed in the zoning district.
Where soil or rock removal lowers the ground
elevation around the perimeter of the foundation, the building height
shall be based on the lowered composite elevation.
Where fill raises the ground elevation around
the perimeter of the foundation, building height shall be based on
the elevation as it existed prior to the use of fill.
A line extended from any wall of a building and parallel
with that wall and shall include the entire wall. If projections occur
along the wall, then the projection shall be included within the building
line.
A sign that directs attention to a business, commodity, service,
or activity that is sold, or offered, or manufactured on the premises
on which the sign is located.
[Added 8-10-2016 by Ord.
No. 16:14]
Either: a parcel of land containing a tower, sending and
receiving antennas attached to the tower, and a prefabricated or modular
structure or cabinets containing electronic equipment; or a Federal
Communications Commission (FCC) licensed facility, designed and used
for the purpose of transmitting, receiving, and relaying voice and
data signals from various wireless communication devices and equipment.
[Added 3-11-2020 by Ord. No. 20:02]
The New Jersey Council on Affordable Housing established
by N.J.S.A. 52:27D-305 or successor agency of state government responsible
for comprehensive low- and moderate-income housing planning in accordance
with sound regional planning.
Any billboard sign or business sign.
[Added 8-10-2016 by Ord.
No. 16:14]
Any motor vehicle licensed or registered as a commercial
vehicle, taxi, or limousine.
[Added 12-12-2018 by Ord. No. 18:14]
Any exterior transmitting or receiving device, mounted on
a tower, building, or structure and used in communications, that radiates
or captures electromagnetic waves, digital signals, radio frequencies
(excluding radar signals), wireless telecommunications signals, or
other communications signals.
[Added 10-6-2009 by Ord. No. 09:10]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more communications antennas,
including self-supporting lattice towers, guyed towers, or monopole
towers. The term includes radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures, and similar structures. The term shall
include the structure and any support thereof, together with other
accessory structures and equipment associated therewith.
[Added 10-6-2009 by Ord. No. 09:10]
A retail establishment of up to 5,000 square feet that is
used for selling primarily food products, beverages, newspapers and
magazines, candy, cigarettes, household items, and a limited amount
of freshly prepared foods, such as sandwiches and salads, for off-premises
consumption.
[Added 3-11-2020 by Ord. No. 20:02]
A lot fronting on two streets at the intersection.
A platform that is attached to a building, or that is directly
adjacent to a building, and which is supported by pillars or posts
and is not covered by a permanent roof.
[Added 4-13-2016 by Ord.
No. 16:01]
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
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 use of
land for which permission may be required.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
by COAH regulations, N.J.A.C. 5:92.
Any sign that, in whole or in part, rotates, moves, produces
noise or smoke, gives the illusion of movement, displays a video or
other changing imagery, automatically changes, is animated or blinking,
or has any electronic digital, tri-vision, or other animated characteristics
resulting in an automatically changing depiction.
[Added 8-10-2016 by Ord.
No. 16:14]
[Amended2-25-2004 by Ord. No.
04:01]
Any establishment for the service of food and
beverages, commonly known as a "fast-food restaurant," "snack bar,"
"dairy bar," "hamburger stand," "hot dog stand" or "pizza stand,"
the operation of which consists of the service of food and beverages
to the customers of the establishment for potential immediate consumption
at counters, stools or bars outside the confines of the structure
in which the business is conducted or for consumption in vehicles
parked upon the premises, whether such food and beverages are delivered
to the vehicles by the customers or by personnel employed by the operator.
An establishment for the service of food and beverages which contains
seating facilities for the service of food and beverages within the
confines of the structure in which the business is conducted shall
nevertheless be deemed to be a drive-in restaurant if the operation
of the business substantially consists of the service of food and
beverages for immediate consumption outside the structure as hereinabove
set forth.
Any establishment for service of food and beverages
from which customers present at the premises can purchase food and
beverages without physically entering the main structure in which
the establishment is located.
A building containing one dwelling unit and that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
[Added 3-11-2020 by Ord. No. 20:02]
A single building containing two dwelling units.
[Added 3-11-2020 by Ord. No. 20:02]
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same within
the one or more rooms.
A place where people of all ages gain an education, including
preschools; child care; elementary, middle, and high schools; community
colleges; colleges; and universities.
[Added 3-11-2020 by Ord. No. 20:02]
Egress is the provision of facilities for either pedestrians
or vehicles for leaving a particular lot or land. Ingress is a provision
for entering a particular lot or land.
An architectural feature of a building or structure used
for egress from below grade facilities, which may include a landing
and ladder providing access to the grade level.
[Added 9-14-2016 by Ord.
No. 16:21; amended 12-14-2016 by Ord. No. 16:26]
The value of a property determined by the Borough Tax Assessor
through a means designed to ensure that all property in the Borough
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the municipal
Tax Assessor.
One or more persons living together in a dwelling unit on
a permanent and nontransitory basis as a single housekeeping unit,
sharing living, sleeping, cooking and sanitary facilities on a nonprofit
or nonremunerative basis, being a traditional family unit or the functional
equivalent.
[Amended 9-19-1998 by Ord. No. 98-09]
Includes any substantially vertical structure, wall, or appurtenance,
regardless of material composition, but excluding vegetation and living
fences, whether supported by a foundation, footing, piling, stake,
post, aboveground member, or whether it be self supporting, intended
as a barrier to prevent escape or intrusion, to mark a boundary or
the proximity thereof to ensure privacy, or to act as a support for
vegetation.
[Added 6-8-2016 by Ord.
No. 16:09]
A nonbank entity that does not accept deposits or make loans
like traditional banks or financial institutions, but that provides
monetary services that include the sale or redemption of traveler's
checks or money orders, money wire transfers, check cashing, and currency
exchange. Also referred to as "check cashing establishments."
[Added 3-11-2020 by Ord. No. 20:02]
The rivers or other watercourses and adjacent land areas
subject to inundation in the event of the design flood of a one-hundred-year
frequency storm. These areas include the floodway and flood fringe
areas as delineated on the Flood Insurance Rate Maps and Flood Boundary
Maps, prepared by the Federal Emergency Management Agency and as adopted
by the Borough of Norwood.
The rivers or other watercourses and the adjacent land areas
to be reserved in order to discharge the design flood of a one-hundred-year
frequency storm without cumulatively increasing the water surface
elevation more than 0.2 feet.
An open, unoccupied space on the same lot with the building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of that lot.
A sign erected and maintained pursuant to any governmental
functions or required by any law, ordinance, or other governmental
regulation.
[Added 8-10-2016 by Ord.
No. 16:14]
The sum of the gross horizontal areas of one or more floors
of the building measured between the inside face of exterior walls,
having a clear ceiling height of four feet; but no more than 10% of
the habitable floor area shall have a ceiling height less than the
prescribed ceiling height in the building code; any cellar, basement
or garage space shall not be considered in the computation of the
habitable floor area.
An establishment that houses exercise equipment and space
for the purposes of physical exercise.
[Added 3-11-2020 by Ord. No. 20:02]
Any activity carried out for gain by a resident and conducted
in the resident's dwelling unit, and where the following conditions
are met:
[Added 3-11-2020 by Ord. No. 20:02]
The home occupation must be carried out indoors, without any
outdoor storage.
The residential appearance of the structure may not be altered.
Any commercial vehicles used for the home occupation use must
be garaged.
Noise, glare, fumes, odors, and electrical interference are
prohibited.
Not more than one client, customer, or patron is permitted on
the premises at any time.
Deliveries and pickups by tractor -trailers are prohibited.
A home occupation consisting of the office of a practitioner
of a recognized profession.
[Added 3-11-2020 by Ord. No. 20:02]
The northeastern region of New Jersey composed of Bergen,
Hudson and Passaic Counties, as defined at N.J.A.C. 5:92-2.1 or other
group of two to four counties as may be defined by COAH.
A sign lighted by, or exposed to, artificial light, either
by light on or in the sign or directed toward the sign, other than
neon signs.
[Added 8-10-2016 by Ord.
No. 16:14]
The percentage of lot area that is improved with principal
and accessory buildings, structures, and uses, including, but not
limited to, decks, driveways, tennis courts, parking areas, garages,
walkways, patios, terraces, loading areas, hard surfaces, pools, or
other man-made structures and improvements. Detention or retention
basins are excluded if they are constructed of natural materials.
[Amended 9-14-2016 by Ord. No. 16:21; 4-13-2016 by Ord. No. 16:01]
A recreation facility, provided within a fully enclosed building,
operated as a business and open to the public for a fee.
[Added 3-11-2020 by Ord. No. 20:02]
A lot other than a corner lot.
Plantings created by human effort consisting of the growth
or placement of hedges, trees, bushes, or any other plants, or any
combination thereof, creating a vision-impairing barrier or boundary
between properties.
[Added 6-8-2016 by Ord.
No. 16:09]
An area adjacent to the main building or storage building
equal to 800 square feet (20 feet by 40 feet) and is unoccupied at
all times.
A piece, parcel or plot of land occupied or designed to be
occupied by a building and its accessory buildings, together with
such open spaces required by this chapter as are arranged and designed
to be used in connection with such buildings.
An area of land which is determined by the limits of the
lot lines bounding that area and is always expressed in terms of square
feet.
The percentage of a lot that is covered or occupied by buildings
measured on a horizontal planer around the periphery of the foundation(s)
and including the area under the roof of any structure supported by
columns, but not having walls, as measured around the extremities
of the roof above the columns.
[Amended 9-14-2016 by Ord. No. 16:21]
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
The horizontal distance measured along the property line
parallel to the street and closest to the street between the side
lot lines.
[Amended 2-25-2004 by Ord. No. 04:01]
A line of record dividing one lot from another.
The straight and horizontal distance between side lot lines
measured at the minimum front yard setback from the street line.
[Amended 2-25-2004 by Ord. No. 04:01]
A total gross household income no greater than 50% of the
median household income.
Any method of pressing, squeezing, stretching, or stimulating
the face, scalp, neck, limbs, or other parts of the human body, with
or without cosmetic preparation, either by hand or with mechanical
or electrical appliances.
[Added 3-11-2020 by Ord. No. 20:02]
An establishment having a fixed place of business where the
practice of massage as defined herein is practiced, but only by New
Jersey licensed massage or body therapists.
[Added 3-11-2020 by Ord. No. 20:02]
The grade of a lot equal to the sum of the various grades
divided by the number of measurements.
The median household income of the housing region in which
the Borough of Norwood is located, as defined by COAH, adjusted for
household size, based on the most recent median income figures published
by the United States Department of Housing and Urban Development (HUD),
the uncapped Section 8 income limits or other recognized standard
adopted by COAH. These median income figures may also be available
from COAH.
A restaurant that prepares handcrafted beer intended for
consumption on the premises as an accessory use.
[Added 3-11-2020 by Ord. No. 20:02]
A subdivision of land for the creation of no more than two
lots, provided that such subdivision does not involve a planned development,
any new street or the extension of any offtract improvements, the
cost of which is to be prorated in accordance with applicable ordinance
and statute. However, in the discretion of the Board, a minor subdivision
may be treated as a major subdivision in any of the following events.
[Added 2-25-2004 by Ord. No. 04:01]
A total gross household income no greater than 80% and not
less than 50% of the median household income.
Those lots or parcels of land within a radius of 500 feet
in all directions from the exact midpoint of the tract to be subdivided.
[Added 5-4-2005 by Ord. No. 05:09]
A sign consisting of glass tubing, bent to form letters,
symbols, or other shapes and illuminated by neon or a similar gas
through which an electric voltage is discharged.
[Added 8-10-2016 by Ord.
No. 16:14]
Any sign other than a commercial sign.
[Added 8-10-2016 by Ord.
No. 16:14]
Any land, building, structure or use thereof which does not
conform to the regulations of this chapter for the zone in which it
is located but which was lawfully in existence prior to September
6, 1960.
Any description, narrative account, display, or depiction
of sexual activity or anatomical area contained in, or consisting
of, a picture or other representation, publication, sound recording,
live performance, or film, which by means of posing, composition,
format, or animated sensual details:
[Added 4-5-2005 by Ord. No. 05:04]
Depicts or describes in a patently offensive
way ultimate sexual acts, normal or perverted, actual or simulated,
masturbation, excretory functions, or lewd exhibition of the genitals;
Lacks serious literary, artistic, political,
or scientific value, when taken as a whole; and
Is a part of a work, which to the average person
applying contemporary community standards, has a dominant theme taken
as a whole, which appeals to the prurient interest.
A building containing only one dwelling unit for the exclusive
use and occupation of one family, and not containing one or more accessory
apartments.
[Added 9-9-2015 by Ord.
No. 15:12]
An unoccupied space to the sky on the same lot with the building.
An off-street space available for the parking of one motor
vehicle and which in this chapter is held to be an area 10 feet wide
and 20 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
A ground-level, improved surface or structure directly adjacent
to a building and not covered by a permanent roof.
[Added 4-13-2016 by Ord.
No. 16:01]
A water-filled, permanently constructed or located enclosure
with a depth of more than 18 inches below the level of the surrounding
land, or if above the level of the surrounding land, with a depth
of more than 30 inches, which is designed, used, and maintained for
swimming and bathing.
[Added 3-14-2018 by Ord. No. 18:02]
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
[Added 4-5-2005 by Ord. No. 05:04]
The Planning Board of the Borough as established by the appropriate
Borough ordinance.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board in unusual or special cases.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state, or local election.
[Added 8-10-2016 by Ord.
No. 16:14]
A structure, which may be in whole or in part screened, enclosed,
or covered by a roof, and which is attached to or directly adjacent
to a building.
[Added 4-13-2016 by Ord.
No. 16:01]
Any container, storage unit, shed-like container, or other
portable structure that can be used or is used for the storage of
personal property of any kind, and that is located for these purposes
outside an enclosed building other than an accessory building or shed
complying with all building codes and land use requirements.
[Added 7-11-2012 by Ord. No. 12:06]
Any above-surface type of swimming pool constructed of canvas,
rubber, plastic, or other similar material or materials, which is
not designed or intended to be stationary or permanently fixed, but
is designed or intended to be moved, removed, and stored when it is
not being used.
[Added 3-14-2018 by Ord. No. 18:02]
A building in which is conducted the main or principal use
of the lot on which the building is situated.
An accessory use not conducted as a business designed for
the storage of motor vehicles and with space for not more than three
vehicles.
A temporary sign advertising private sales of personal property,
including, but not limited to, house sales, yard sales, garage sales,
rummage sales, or private not-for-profit group sponsored events such
as picnics, carnivals, bazaars, game nights, art fairs, craft shows,
and holiday tree sales.
[Added 8-10-2016 by Ord.
No. 16:14]
The office of a member of a recognized profession, when conducted
on a residential property, shall be conducted by a member of the family
residing on that property entirely within a residential building and
shall include only the offices of doctors or physicians, ministers,
architects, professional engineers, lawyers and such similar professional
occupants which may be so designated by the Zoning Board of Adjustment
upon finding by such Board that such occupation is truly professional,
in character, training and experience as a condition for the practice
thereof and that the practice of such occupation 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 regulation of any gainful occupation need not be deemed indicative
of professional standing.
A building other than a private garage for the storage of
motor vehicles, at which filling station services and repairs of all
kinds of motor vehicles or any one of them is permitted. Any garage
conducted as a business or in which storage space is rented for more
than three motor vehicles shall be deemed a public garage.
A temporary sign supporting a position on any public issue.
[Added 8-10-2016 by Ord.
No. 16:14]
A temporary sign pertaining to the sale or lease of the premises,
or a portion of the premises, on which the sign is located.
[Added 8-10-2016 by Ord.
No. 16:14]
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building.
The depth of a rear yard shall be measured at right angles to the
rear line of the lot or if the lot is not rectangular, then in the
general direction of its side lot lines.
Replacement of existing material with the same kind of material
used in the existing structure or building pot including additions
or structural alterations.
Any front, rear, or side yard that is required by the provisions
of this chapter to be maintained on lots located in any zoning district.
[Added 12-19-2006 by Ord. No. 06:22]
Those areas which exist or are created for the storage of
stormwater and absorption of this water into the ground.
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
[Added 3-11-2020 by Ord. No. 20:02]
The percentage of low- and moderate-income housing units
in a development.
[Added 4-5-2005 by Ord. No. 05:04]
A commercial establishment that, as one of its
business purposes, offers for sale, rental, or display any of the
following: books, magazines, periodicals or other printed material;
computer programs or software; or photographs, films, compact or video
disks, motion pictures, videocassettes, slides or other visual representations
which depict or describe a specified sexual activity or specified
anatomical area; or still or motion-picture machines, projectors,
or other image-producing devices that show images to one or more person
per machine at any one time, and where the images so displayed are
characterized by the depiction of a specified sexual activity or specified
anatomical area; or instruments, devices, or paraphernalia that are
designed for use in connection with a specified sexual activity; or
A commercial establishment that features live
performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity, or that regularly shows films,
motion pictures, videocassettes, slides, or any computer-generated
or electronically generated images or other photographic representations
that depict or describe a specified sexual activity or specified anatomical
area.
An open, unoccupied space between the side line of the yard
and the nearest line to the building and extending from the front
yard to the rear yard or in the absence of either of such yards, to
the street or rear lot lines as the case may be. The width of a side
yard shall be measured at right angles to the side line of the lot.
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, that is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination, or projected images.
[Amended 8-10-2016 by Ord. No. 16:14]
A triangular area outside the street right-of-way abutting
two intersecting streets or a driveway intersecting a street. The
"sight triangle" shall be determined along the curb line or edge of
driveway 30 feet distance from the edge of pavement and permitting
a sight distance of not less than 150 feet. where roadways involved
shall have speed limits not exceeding 25 miles per hour In the case
of roadways where the speed limit is in excess of 25 miles per hour,
the minimum site distance shall be in accordance with the American
Association of State Highway and Transportation Officials (ASHTO)
standards.
[Added 2-25-2004 by Ord. No. 04:01]
For the purposes of this chapter, a slope shall be determined
by dividing vertical elevation difference on adjacent contour lines
by the scaled horizontal distance perpendicular to these adjacent
contour lines. For the purpose of measurement or calculation on any
map, plat, plan or other document required by the Borough of Norwood
or any agency or Board thereof, slopes shall be measured upon a scale
of one inch equals 20 feet for parcels of less than one acre and one
inch equals 30 feet for parcels in excess of one acre.
[Amended 2-25-2004 by Ord. No. 04:01]
[Added 4-5-2005 by Ord. No. 05:04]
[Added 4-5-2005 by Ord. No. 05:04]
Lot area upon which improvements are to be placed, altered
or expanded where the mean gradient is greater than 15%.
[Amended 2-25-2004 by Ord. No. 04:01]
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 five feet or more above the level of the
line of the finished floor next below it, except a basement. A basement
or cellar shall be counted a story if its ceiling is more than four
feet above the mean grade and if it is used for business or sleeping
purposes. 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 story and if less than two feet below the top plate, it 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 that fraction of a story which its floor area in rooms, baths or
toilets bears to the entire floor area.
Any natural body of water flowing continuously or intermittently,
whether designated as a stream, spring, brook, river or otherwise
and consisting of a bed, bank and water, but not including lakes or
ponds.
Any thoroughfare, highway or road or roadway which affords
a means of access to adjoining property and which has been dedicated
or deeded to the public for public use.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on an adopted Master
Plan or official map forming a dividing line between the street and
any lot.
[Amended 2-25-2004 by Ord. No. 04:01]
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.
A determination by COAH approving the housing element and
fair share plan of the Borough in accordance with the Fair Housing
Act, N.J.S.A. 52:27D-301 et seq. and COAH regulations, N.J.A.C. 5:91
and 5:92. A grant of substantive certification shall be valid for
a period of six years in accordance with the terms and conditions
established by COAH.
An establishment in which people receive permanent decorative
tattoos from a tattoo artist.
[Added 3-11-2020 by Ord. No. 20:02]
A sign that is intended to be displayed for a limited period
of time.
[Added 8-10-2016 by Ord.
No. 16:14]
A raised level area with vertical or sloping front or sides
faced with masonry, turf, or the like.
[Added 9-14-2016 by Ord.
No. 16:21]
See definition of patio.
[Added 4-13-2016 by Ord.
No. 16:01]
Any woody perennial plant with one main trunk, such trunk
having a diameter of at least eight inches when measured four feet
above the level of the existing grade.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A ground-level, improved surface directly adjacent to a building
or other improved surface that functions to allow pedestrian traffic
movement from one improved surface or structure to another.
[Added 9-14-2016 by Ord.
No. 16:21]
A retail store selling a wide variety of merchandise in which
customers purchase large, wholesale quantities of the store's products,
and where customers may be required to pay an annual membership fee.
[Added 3-11-2020 by Ord. No. 20:02]
Rivers, streams, brooks, waterways, lakes and all other bodies
of water, whether public or private, excluding piped drainage systems,
which are contained within, flow through or border on the Borough
of Norwood and which receive or conduct surface water runoff.
Those areas that are inundated by surface or ground water
with a frequency sufficient to support and under normal circumstances
does or would support a prevalence of vegetative or aquatic life that
requires saturated or seasonally saturated soil condition for growth
and reproduction. Wetlands include but are not limited to swamps,
marshes, bogs and similar areas, such as sloughs, wet meadows, river
overflows, mud flats and natural ponds. Wetlands shall include but
not be limited to those shown on the United States Department of the
Interior Wetland Maps or similar maps published by the New Jersey
Department of Environmental Protection.
An establishment engaged in the manufacture of fresh and
frozen bread and bread-type rolls and other fresh baked goods primarily
for sale at off-premises establishments.
[Added 3-11-2020 by Ord. No. 20:02]
An architectural feature to allow light and air into below-grade
windows but not used for egress.
[Added 9-14-2016 by Ord.
No. 16:21]
The Zoning Board of Adjustment as continued under this chapter.
The Construction Official unless otherwise designated by
the Borough Council.
C.
In addition, all definitions adopted by COAH in its
regulations, at N.J.A.C. 5:91 and 5:92, shall apply to this section.
