For the purpose of this chapter, certain phrases and words are
herein defined as follows:
A.
Words used in the present tense include the future tense.
B.
Words used in the singular number include the plural number and vice
versa.
C.
Words used to include the male gender include the female gender and
vice versa.
D.
The word "used" shall include arranged, designed, constructed, altered,
occupied, converted, rented, leased or intended to be used.
E.
The word "lot" includes the words "plot" and "premises."
F.
The word "building" includes the word "structure."
G.
The word "shall" is mandatory and not discretionary.
H.
The word "may" is discretionary and not mandatory.
A.
Whenever a word or term is used in this chapter which is not defined
in this chapter, but is defined in the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.), the word or term is intended to be consistent with
the meaning as defined in the Municipal Land Use Law and with the
permissible standards pertaining to the word or term.
B.
Any word or term used in this chapter which is not defined in this
chapter or in the Municipal Land Use Law is being used with a meaning
of standard usage as defined in Webster's New International Dictionary
of the English Language, unabridged and latest edition.
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or a cessation of the use
of property, without the intention to resume by the owner or lessee
without any intention of transferring rights to the property to another
owner or of resuming the use of the property.
To physically touch, border on, adjoin or be directly across
from; or being separated from such a common border by a right-of-way,
alley, or easement.
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith, including,
but not limited to, residential one- or two-car garages, residential
carports, barns on agricultural uses, decks, patios, sunrooms, kennels,
sheds, permanent swimming pools, all roofed structures. Any accessory
building or structure attached to the building shall be considered
part of the principal building.
An extension or an increase in the floor area, height or
coverage of a building or structure.
For the purposes of this chapter, the administrative officer
shall be the Secretary of the Planning/Zoning Board of Adjustment,
unless a different municipal official is designated by ordinance.
An establishment having more than 40% of its stock-in-trade,
floor area, or display area used for the sale or rental of books,
magazines, publications, tapes, or films that are distinguished or
characterized by the emphasis on sexually oriented material depicting,
describing, or relating to sexual activities or anatomical genital
areas.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties including, but not limited to, inadequate
drainage facilities, unsuitable street grades, street locations that
fail to compose an effective circulation system, failure to provide
or make future allowances for access to the interior portion of adjoining
lots or for other facilities required by this chapter, and danger
from fire, flooding, erosion or other menace.
To be within financial means of low- or moderate-income households
as provided for by N.J.A.C. 5:94-7.
Any change or rearrangement in the structural parts or in
the existing facilities which alter the use of the building or an
enlargement, whether by extension of a side or by increasing in height
or by moves from one location or position to another. The addition
or expansion of dormers is to be considered an alteration. "Alteration"
shall also mean to significantly change the appearance of exterior
elements of a structure, or to change the materials used.
A permitted alternative treatment center authorized to grow
and/or provide registered qualifying patients with medicinal marijuana
in accordance with N.J.S.A. 24:61-1 et seq., or to sell or dispense
marijuana pursuant to New Jersey Law.
[Added 8-16-2021 by Ord.
No. 2021-09]
The developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction for issuance
of a permit pursuant to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36 of
the Municipal Land Use Law.
The Planning Board or the Zoning Board of Adjustment, as
the case may be, unless a different agency is designated in this chapter
pursuant to the Municipal Land Use Law.
A business establishment utilized, wholly or in part, for
the accommodation of six ore more coin-operated amusement devices.
The land in the floodplain within an area of the Borough
subject to a one-percent or greater chance of flooding in any given
year.
A facility licensed by the NJ Department of Heath and Senior
Services to provide apartment-style housing and congregate dining
and to assure that assisted living services are available when needed
for four or more adult persons unrelated to the proprietor. Apartment
units offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance.
A space between the ceiling beams of the top habitable story
and the roof rafters. Attic space which has a stairway for access
and egress and in which the ceiling area at a height of 7 1/3 feet
above the attic floor is more than 1/3 the area of the floor next
below shall be considered a story for the purposes of this chapter.
Any establishment selling, renting or leasing new or used
automobiles, light trucks, vans, trailers, or recreational vehicles
and where no repair or body work whatsoever is performed. Automotive
sales uses shall be defined to exclude automotive repair garages and/or
service station uses.
Any establishment selling, renting or leasing new or used
automobiles, light trucks, vans, trailers, or recreational vehicles
and where repair or body work or vehicle washing facilities are incidental
to the operation of the new or used vehicle sales.
Any establishment offering minor motor vehicle maintenance
services which do not require extensive or prolonged mechanical work.
These services encompass oil changes, lubrication, minor tune-ups,
installation of batteries, tires, wiper blades and similar equipment,
wheel balancing and steering alignment and the replacement of minor
mechanical parts. Any establishment offering major motor vehicle repair
services which require extensive or prolonged mechanical work including
body or frame work, painting or the dismantling of engines or major
components of the vehicle. These establishments may also provide the
vehicle maintenance services performed by an automotive service station.
A freestanding building, with or without a drive-up window,
for the custody, loan, or exchange of money; for the extension of
credit; and for facilitating the transmission of funds; main or branch
offices of a state or federally chartered banking institution that
is open to the public and engaged in deposit banking, and that performs
closely related functions such as making loans, investments, and fiduciary
activities.
Buildings, or portion thereof, which encourages or permits
customers to conduct personal financial transactions while remaining
in their motor vehicles.
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building. A basement shall be considered a story above grade
when the distance from grade to the finished surface of the floor
above the basement is more than six feet for more than 50% of the
total perimeter, or is more than 12 feet at any point.
A room planned or used primarily for sleeping. A den or similar
room that can easily be converted into sleeping quarters, with or
without a built-in closet, shall be considered a bedroom for purposes
of this chapter and calculating parking demand.
See "sign, billboard."
The Planning/Zoning Board of the Borough of Spotswood.
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement. (See N.J.S.A. 55:13B-3.)
The Borough of Spotswood, Middlesex County, New Jersey.
A wall that is part of the structural support of the building
and is intended, through its design and construction, to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A structure designed to convey motorized/nonmotorized vehicles
and/or pedestrians over a watercourse, railroad, street or other obstacle
or depression.
An open, unoccupied area of land in which no building, parking
area or other improvement is located, consisting of trees, shrubs,
solid fencing, earth berms, or a combination of all, so installed
as to provide both a visual and an acoustical barrier between properties
and to create an aesthetically pleasing and attractive view to mask
or obscure the use, function or structure located upon the site.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The aggregate square footage by which all buildings occupy
a lot as measured in a horizontal plane around the periphery of the
foundation and including the area under any roof.
Determined by dividing that area of a lot which is occupied
or covered by the total horizontal projected surface of all buildings,
including covered porches and accessory buildings, by the gross area
of that lot.
The vertical distance measured from the mean elevation of
the finished grade along all sides of the foundation to the highest
point of the roof for flat roofs; to the deck line of mansard roofs;
and to the highest point of the roof for gable, hip, and gambrel roofs.
In all cases where this chapter provides for height limitations by
reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within said footage. Chimneys, spires,
water towers, rooftop equipment, elevator penthouses, tanks and similar
projections, other than signs, shall not be included in calculating
building height. (See height exemptions under general ordinance).
The line, parallel to the street line, that passes through
the point of the principal building nearest the front lot line.
A retaining wall behind which fill is placed, created along
a body of water, constructed to separate land and water and establish
a permanent shoreline.
A cable television company as defined pursuant to N.J.S.A.
48:5A-3.
A grower, cultivator or producer of cannabis in the State
of New Jersey who sells and may transport cannabis to other growers,
processors, wholesaler or retailers, but not to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
A provider of courier services for consumer purchases of
cannabis items and related supplies fulfilled by a cannabis retailer.
Same includes the use by a licensed cannabis retailer of any third-party
technology platform to receive, process, and fulfill consumer orders,
provided that any physical acts in connection with the filling and
delivery of an order is accomplished by a certified cannabis handler
performing work for or on behalf of the licensed cannabis retailer.
[Added 8-16-2021 by Ord.
No. 2021-09]
A transporter of cannabis items in bulk, intrastate, from
one licensed cannabis establishment to another licensed cannabis establishment.
[Added 8-16-2021 by Ord.
No. 2021-09]
A processor of cannabis items in the State of New Jersey
who purchases or otherwise obtains usable cannabis for the purpose
of manufacturing, preparing, packaging and selling cannabis items.
At their option they can transport said cannabis items to other cannabis
processors, wholesalers, and/or retailers, but not to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
A purchaser or obtainer of usable cannabis from cannabis
cultivators and cannabis items from cannabis manufacture or cannabis
wholesalers who sells same to consumers for either medical or recreational
use from a retail store.
[Added 8-16-2021 by Ord.
No. 2021-09]
A purchaser or obtainer of cannabis items in the State of
New Jersey who obtains, stores, sells or otherwise transfers cannabis
items for the purpose of resale or other transfer to either another
cannabis wholesaler or to a cannabis retailer, but not to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
A commercial building or structure, or portion thereof, where
vehicles are washed or cleaned with a combination of mechanical devices,
automatic or semiautomatic application of cleaner, brushes, rinse
water, wax and heat for drying. Car washes may also contain vacuum
machines used to clean the interior of vehicles.
A freestanding temporary or permanent shelter, often made
of fabric or other weatherproof material and erected with poles and
detached from a principal building and used for storage of vehicles
or other materials. For purposes of this chapter, carports shall be
defined as having a height to the highest point of the roof of seven
feet or less.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is the paved or graded width.
The portion of a building partly below and partly above grade
where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building and
with a floor-to-ceiling height of less than 6.5 feet.
Antennas which are used for the transmission and reception
of wave frequencies for the purposes of telephone, internet, radio,
and/or digital communication. This definition shall include all shapes
and technologies of wireless antennas and shall be synonymous with
wireless telecommunications antennas and similar terms.
The certificate issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33 and in accordance with § 120-1102E of this chapter permitting the use of a structure.
An office or other establishment used for the operation of
a check cashing business licensed pursuant to C. 383 P.L. 1993. The
term "check" shall include a check, draft, money order, negotiable
order of withdrawal or any other similar type of negotiable instrument.
Not included within this definition are automatic teller machines
and main or branch offices of a state or federally chartered banking
institution.
A private establishment enrolling six or more children and
where tuition, fees, or other forms of compensation for the care of
children is charged for providing for the care, supervision, and protection
of children, whether or not licensed or approved to operate as a child
care center by the New Jersey Division of Youth and Family Services.
Any private residence in which child care services are regularly
provided to no less than three and no more than five children at any
one time for no less than 15 hours per week. A child being cared for
under the following circumstances is not included in the total number
of children receiving child care services:
A nonprofit corporation, organization or association of persons
who are members thereof which owns or leases a building, or part thereof,
the use of members or guests. Said 'clubs' or lodges shall have been
principally established for the operation of a nonprofit fraternal
organization formed and operating for the primary purpose of social,
educational and charitable group activities. Such uses shall be distinctly
not considered as a semipublic use under the provisions of this chapter.
Food, meals and alcoholic beverages may be served as an incidental
function of this use, provided that adequate facilities are present,
and further that all federal, state and municipal laws are complied
with.
Any vehicle designed and/or used for commercial or institutional
purposes including busses, work trucks associated with any trade,
commercial transportation vehicles, construction vehicles of any kind,
tractors, tractor-trailer cabs, or fleet vehicles of any kind. Any
vehicle containing advertising matter intending to promote the interest
of any business, whether or not said vehicle is registered as "commercial"
vehicle with the state shall also be considered a commercial vehicle.
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 complimentary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
See definition in MLUL; adopted herewith by definition.
See definition in MLUL; adopted herewith by definition.
An application for development providing all checklist items
as specified by ordinance and all accompanying documents or fees required
for consideration of the application. An application shall be certified
as complete by the Administrative Officer upon meeting of all requirements
specified in the ordinance and in the rules and regulations of the
reviewing board, and shall be deemed complete as of the day it is
so certified for purpose of the commencement of the time period for
action by the Board.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification, and prepared for
informal review to alert applicants to problems and requirements before
the submission of a formal development application.
A use permitted in a particular zoning district only upon
showing that such a use in a specified location will comply with the
conditions and standards of the location of operation of such use
as contained in this chapter and upon the approval of the appropriate
Board.
Ownership of real property, combining ownership in fee simple
of a dwelling unit and undivided ownership in common with other purchasers
of the common elements in the structure and including the land and
its appurtenances, formed under the Condominium Act.[1]
Residential housing that consists of private dwelling units
with an individual bathroom and an optional individual food preparation
area, in addition to central dining facilities, and within which congregate
housing supportive services such as meals, housekeeping, laundering,
and personal care are provided.
An area of land set aside by easement or deed restriction
for the purpose of preserving open space, critical areas, aquatic
buffers and/or the natural, scenic, aesthetic or historic value of
land and precluding any building on the premises.
Any act or progress that requires a building permit and that
adds an addition into an existing building or erects a new principal
or accessory structure on a lot which is subject to the design standards
for the district in which the property is located, and including the
construction, erection, reconstruction, alteration, conversion, demolition,
removal, repair or equipping of buildings or structures.
An individual designated by the Borough Council of the Borough
of Spotswood and duly licensed by the New Jersey State Department
of Community Affairs to serve as the Construction Official.
A retail establishment generally up to 5,000 square feet
selling primarily food products, household items, newspapers and magazines,
candy, and beverages and a limited amount of freshly prepared foods
such as sandwiches and salads for off-premises consumption, and which
does not include automotive service stations.
Any development other than planned development.
The Middlesex County Planning Board, as stipulated in Section
1 of P.L. 1968, c.285 (N.J.S.A. 40:27-6.1).
An open unoccupied space bounded on at least two opposing
sides by a building wall, but not a front, side or rear yard. "Courtyard"
shall apply to multifamily or high-rise buildings only.
The aggregate square footage by which all buildings occupy
a lot as measured in a horizontal plane around the periphery of the
foundation and including the area under any roof.
The aggregate square footage by which all sidewalks, driveways,
patios and parking areas, whether paved, graveled, or unsurfaced,
and all buildings and other structures covering a lot as measured
in a horizontal plane to the limits of the structure. This term shall
include all areas covered by any material that will crate an impervious
surface as determined the Zoning Officer and shall be synonymous with
"impervious coverage." Residential swimming pools shall not be included
in this term.
Wetlands, one-hundred-year floodplain areas, and lands with
a topographic slope of 15% or greater within Spotswood Borough.
The grade of the curb in front of the midpoint of the lot
as established by the Municipal Engineer.
Any facility operated for the purpose of providing care,
protection and guidance to 10 or more individuals during only part
of a twenty-four-hour day. This term includes nursery schools, preschools,
day-care centers for individuals, and other similar uses but excludes
public and private educational facilities or any facility offering
care to adults for a full twenty-four-hour period.
An appropriation or giving up of property to public use,
which precludes the owner or others under him/her from asserting any
right of ownership inconsistent with the use for which the property
is dedicated.
The permitted number of dwelling units per gross area of
land to be developed.
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 any
mining, excavation or landfill, and any use or change in use of any
building or other structure or land or extension of use of land, for
which permission may be required.
See definition in MLUL; adopted herewith by definition.
Any portion of the territory of the Borough within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter. The term "zone"
shall have the same meaning as "district" or "zoning district" for
the purposes of this chapter.
A building used as group living quarters for a student body
or religious order as an accessory use to a college, university, boarding
school, convent, monastery, or similar institutional use; an accessory
use to an institutional use; not usually including individual kitchen
facilities or private bathroom facilities.
The removal of surface water or groundwater from land by
drains, grading or other means and including control of runoff during
and after construction or development in order to accomplish the following:
Minimize erosion and sedimentation;
Assure the adequacy of existing and proposed culverts and bridges;
Induce water recharge into the ground where practical;
Lessen nonpoint pollution;
Maintain the integrity of stream channels for their biological
functions as well as for drainage; and
Provide the means necessary for water supply preservation and
prevention or alleviation of flooding.
The lands required for the installation and maintenance of
stormwater drains and pipes, sanitary sewers, water supply pipes,
drainage ditches and other utility infrastructure, or the lands required
along a natural stream or watercourse in order to preserve the channel
and provide for the overland flow of water to safeguard the public
against flood damage.
An establishment that by design, physical features, service
or packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
vehicles.
A private paved or unpaved space providing vehicular ingress
and egress to the property and parking spaces and which is accessory
to the use served.
Any building, or portion of a building, containing one or
more dwelling units which is designed to be and is substantially separate
from any other dwelling walls, whether attached or semiattached, or
from isolation or detachment of structures, all as defined herein.
A room or series of connected rooms designed for permanent
residency and containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. A dwelling shall be self-contained and
shall not require the use of outside stairs, passing through another
dwelling unit or any other indirect route(s) to get to any portion
of the dwelling unit, nor shall there be shared facilities with another
housekeeping unit. This definition shall not include hotels or other
buildings for transient quarters; synonymous with the term "family"
when used to describe the number of dwelling units within a dwelling,
as in single-family.
A building, other than a building of attached townhouses,
containing a minimum of three dwelling units.
A dwelling having two or more party walls in common with
another dwelling but which otherwise is designed to be and is substantially
separate from any other structures, except accessory structures.
A dwelling having no walls in common with another dwelling
and which is designed to be and is substantially separate from any
other structure or structures, except accessory structures.
A building containing sleeping, sanitary and general living
facilities which is physically detached from any other building or
portion thereof and which is occupied or intended to be occupied for
residence purposes by one housekeeping unit only, including any domestic
servants employed on the premises.
A dwelling unit consisting of a single room or common space,
inclusive of bathroom and kitchen facilities.
A building which is used or designed as a residence for three
or more families or households living independent of each other except
that rooming houses, boarding houses, hostels, lodging houses, hotels,
motels, and dormitories are specifically excluded by this definition
as multifamily structures.
A dwelling unit in accordance with the specific provisions
of this chapter located within the 1 1/2 stories above permitted commercial
uses located on the first floor, except that no residential flat or
portion thereof shall be located above a restaurant, theater, dry-cleaning
establishment, or any use which utilizes either a condenser or compressor.
A dwelling having a party wall in common with another dwelling
but which otherwise is designed to be and is substantially separate
from any other structure or structures, except accessory buildings.
A building containing at least four, but no more than eight,
connected dwelling units, where each dwelling unit has its own front
and rear access to the outside; is not located over any portion of
another unit; is separated from any other dwelling unit by one or
more common fire resistant walls; and is compatibly designed in relation
to all other units, but is distinct by such design features as width,
setback, roof design, color, exterior materials and other features,
singularly or in combination.
A right, created by deed or other legal means, to use the
real property of another for one or more specific purposes (e.g.,
access, drainage, conservation, utility services, etc.) for the benefit
of private persons or for the benefit of the public.
An addition to the floor area of any existing building, or
an increase in the size of any existing structure, or an increase
in that portion of a tract of land occupied by any existing use.
Areas which include, but are not limited to, stream corridors
and floodplains, streams, bodies of water, wetlands (as defined by
NJDEP), slopes greater than 10%, shallow depth to bedrock (less than
two feet), high acid or erodible soils (as defined by the SCS), mature
stands of trees, aquifer recharge area, aquifer discharge areas, unique
natural features and wildlife habitats or such areas as my be so designated
by federal, state or county agencies of jurisdiction.
To build, construct, attach, alter, relocate or affix and
includes the painting of signs or displays on the exterior surface
of a building. Excavations, fill, drainage and the like shall be considered
a part of erection.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A long-term facility or a distinct part of a facility licensed
or approved as a nursing home, infirmary unit of a home for the aged,
or a governmental medical institution.
The total wall surface, including door and window areas of
a building's face extending from grade to top of the parapet, wall,
or eaves and the entire width of the building. Each wall surface shall
be considered a separate facade.
A single, nonprofit housekeeping unit, as distinguished from
a group occupying a boarding- or rooming house, lodging house, club,
fraternity or hotel or any other nonfamily institutional uses, provided
that unless all members are related by blood or marriage, no such
family shall contain over five persons.
See definition in MLUL; adopted herewith by definition.
A lot with at least five acres of land devoted to the growing
and harvesting of crops and/or the raising and/or breeding of animals,
including truck farms, fruit farms, nurseries and greenhouses, Silvaculture
operations, dairies and livestock produce, except that commercial
piggeries and commercial slaughtering are prohibited. Structures incidental
to a farm such as barns and packing, grading and storage buildings
for produce raised on the premises; fences; buildings for the keeping
of permitted poultry and livestock; and garages for the keeping of
trucks and other equipment used in farm operations are permitted when
accessory to a permitted farm use.
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
materials.
The official action of the municipal agency taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
An individual designated by the Borough of Spotswood and
certified by the commissioner of the New Jersey State Department of
Community Affairs to serve as the Fire Official.
A qualified individual appointed by the Borough of Spotswood
to enforce the fire protection rules of the New Jersey Uniform Construction
Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of
the Borough.
A general and temporary condition of partial of complete
inundation of normally dry land areas from: the overflow of inland
or tidal waters; and/or the unusual and rapid accumulation of runoff
of surface waters from any source.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Borough.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by floodwater, including
the following components:
FLOOD HAZARD AREA DESIGN FLOODThe one-hundred-year storm in nondelineated areas and the one-hundred-year storm plus 25% in delineated areas.
FLOODWAYThe channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream without accumulatively increasing the water surface elevation more than 0.2 feet.
FLOOD FRINGE AREAThe portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREAThe floodway and the flood fringe area of a delineated stream.
See definition in MLUL; adopted herewith by definition.
The floor area within the perimeter of the outside walls
of the building or structure under consideration, including areas
used for human occupancy in basements and attics, without deduction
for hallways, stairs, closets, thickness of walls, columns or other
features, but excluding rooftop penthouses containing mechanical equipment.
It does not include cellars, unenclosed porches, or attics not used
for human occupancy.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions including working,
living, eating, cooking, sleeping, stair, hall, service and storage
areas, but excluding garages, carports, parking spaces, cellars, utility
(heating and cooling) rooms, half-stories and unfinished attics and
basements. Moreover, for the purposes of determining the off-street
parking requirements of this chapter for nonresidential uses, any
"net habitable floor area" having a headroom of 6 1/2 feet or more
shall be utilized in the calculation.
A group of people formally organized for a common interest,
usually cultural, religious, or entertainment, with regular meetings,
rituals, and formal written membership requirements.
The square footage of the total wall surface of the front
of building below the roofline, including any windows or doors. The
"front" of the building shall be where the main entrance is located.
The line separating the lot from a street and/or street right-of-way.
(Special definitions may apply if there is no access to a public street.)
The side of a lot abutting the street. For corner lots and
through lots, all sides of a lot adjacent to streets shall be considered
frontage.
An accessory building to a principal nonresidential building
and use, which is used primarily for the parking and storage of vehicles
operated by the customers, visitors and employees of such nonresidential
building and use, and which is not available to the general public.
An accessory building or part of a principal building used
only for the storage of motor vehicles as an accessory use. In a residential
zone, a garage is intended for and used for storing privately owned
motor vehicles, boats and trailers and personal belongings of the
family or families resident in the principal residential use on the
lot.
A building or portion thereof, other than a private nonresidential
garage or private residential garage, used primarily for the parking
and storage of vehicles and available to the general public.
Any establishment, including any area of land or structures
thereon, offering motor vehicle refueling services.
A facility located on the same lot and as an accessory to
a gasoline station, that also offers for sale prepackaged food items
and tangible consumer goods, primarily for self-service by the consumer.
Hot beverages, fountain-type beverages, and pastries may be included
in the food items offered for sale, but food items that are prepared
or individually proportioned on the premises shall be prohibited.
The conditions under which preliminary approval is granted,
including zoning plat details, improvements, offsite improvements
and design standards.
Any building or place of business which offers alcoholic
beverages, beer or wine for sale, and allows consumption of alcoholic
beverages, beer or wine on the premises, and which also provides entertainment
wherein a male or female dances on a stage, bar or platform, while
clad in a minimal amount of clothing, for the entertainment of patrons.
The Borough Council of the Borough of Spotswood.
See definition in MLUL; adopted herewith by definition.
Any site, building area, structure or object important in
American history or pre-history, architecture, archaeology and culture
at the national, state, county, local or regional level.
A business conducted in or from a single-family detached
dwelling unit and/or its permitted accessory buildings or structures,
which business is clearly subordinate and ancillary to the principal
single-family residential use of the property and which business meets
the requirements specified for "home occupations" in the conditional
use section of this chapter. For purposes of this chapter, the term
"home occupation" also shall include "family day-care homes" and "child
care residences."
The use of a portion of a dwelling as an office area for
use only by members of the household residing on the premises. Such
a use shall not violate any of the following items to be defined as
a home office, or it shall be defined as an office use:
The office area shall not occupy more than 500 square feet nor
more than 12.5% of the gross floor area (G.F.A.) of the dwelling,
whichever is less, excluding the area of garages, basements and attics
in the calculation of gross floor area;
The office area shall not be a segregated portion of the house,
but shall be an existing room or area within the dwelling unit which
is integrated within the overall floor plan of the dwelling;
The office area shall not contain any kitchen or bathroom facilities
which are separate from the remainder of the dwelling unit;
The office area shall have only typical office equipment limited
to computers, fax machines, telephones, copying machines and other
similar office equipment;
No supplies or furnishings shall be permitted other than typical
office supplies and furnishings;
No evidence of the office area shall be shown to the outside
of the dwelling unit;
No persons shall be permitted on the property regarding the
office area other than people making deliveries or service calls as
otherwise might occur on the property regarding the dwelling unit.
An organization operating in a development under recorded
agreements through which each lot owner shall be a member and each
dwelling unit is subject to a charge for a proportionate share of
the expenses for the organization's activities and maintenance, including
any maintenance costs levied against the association by the Borough
in accordance with N.J.S.A. 40:55D-43.
An institution which maintains and operates organized facilities
and services for the diagnosis, treatment or care of persons suffering
from illness, injury or deformity and/or obstetrics and in which all
diagnosis, treatment, surgery and care are performed under the direction
of persons licensed to practice medicine or osteopathy in the State
of New Jersey, and which conform to the revised standards for hospital
facilities as adopted by the State of New Jersey.
A building containing furnished rooms with kitchen facilities
rented out to be occupied for sleeping purposes by transient guests
who have their residence elsewhere. A general kitchen, dining room
or meeting room may be provided within the building or as an accessory
building. Customary hotel/motel services must be provided, such as
but not limited to maid services, laundering of linen, telephone and
secretarial or desk service and the use and upkeep of furniture. Full
service hotels always contain restaurants and possibly a bar or lounge
with entertainment, personal services, health club and retail stores.
A building containing furnished rooms without kitchen facilities
rented out to be occupied for sleeping purposes by transient guests
who have their residence elsewhere. A general kitchen, dining room
or meeting room may be provided within the building or as an accessory
building. Customary hotel/motel services must be provided, such as
but not limited to maid services, laundering of linen, telephone and
secretarial or desk service and the use and upkeep of furniture. A
limited service hotel does not provide any restaurant or food service
or recreational facilities.
A structure owned and/or used by a religious organization
for worship, religious training, or education; may include, in addition
to the principal structure, accessory structures and/or dwelling units
for religious for religious organization personnel located within
an accessory structure that is use primarily for religious training
or educational purposes. This definition includes the terms church,
synagogue, temple, mosque, or other facility that is used for prayer
by persons of similar beliefs.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking, and
sanitary facilities on a nonprofit basis.
As applied to all surfaces, that portion of the premises
covered by buildings, principal and accessory, and improvements, such
as driveways, parking lots, tennis courts, patios, porches and walkways.
For the purposes of this chapter, all paved parking areas and driveways,
all parking areas which are permitted to remain unsurfaced, all gravel
driveways and gravel parking lots, and all paver block areas shall
be considered an "impervious surface." The area under wood decks and
the surface area of water in swimming pools shall not be considered
impervious.
Land which is not prevented from having buildings, pavement
or decking constructed on it due to development restrictions intended
to protect environmental features such as wetlands, floodplains or
water bodies.
A planned, coordinated development of a tract of land developed
according to a comprehensive plan to provide two or more separate
industrial buildings. Such development is planned, designed, constructed,
and managed on an integrated and coordinated basis with special attention
given to on-site vehicular circulation, parking, utility needs, building
design and orientation, and open space.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, in the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under the provisions of this chapter, or whose rights
to use, acquire, or enjoy property under the provisions of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) or under the provisions of
this chapter or under any other law of this state or of the United
States have been denied, violated or infringed upon by an action or
a failure to act under the provisions of the Municipal Land Use Law
and/or this chapter.
A lot bounded by a street on one side, usually its front
site; any lot other than a corner lot.
Any building or place of business which does not offer alcoholic
beverages, beer or wine for sale, and which also provides entertainment.
An area, lot, structure, or part thereof, used primarily
for the collecting, storage, sale, buying, trading, or abandonment
of any refuse and/or discarded materials, or the collecting, auctioning,
dismantling, demolition, salvaging, cannibalizing, abandonment or
processing of structures, automobiles, or other vehicle equipment
and machinery, or parts thereof, with the deposit of domestic, commercial,
industrial or sanitary waste water or garbage excluded. For purpose
of this chapter, the use of more than 400 square feet of the area
of any lot for storage, keeping or abandonment of junk, scrap metals
or other scrap materials, or for the dismantling, demolition or abandonment
of automobiles not in operating conditions or other vehicles or machinery
or parts thereof, which is not accessory to a permitted use, shall
be classified as a junkyard.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Includes improvements and fixtures on, above or below the
surface.
Any activity involving the clearing, cutting, excavating,
or grading of land or any other activity which alters land topography
and/or vegetative cover.
Areas containing trees, shrubs and ground covers, unpaved
pedestrian and recreation areas, ponds, streams or any other areas
or features which can be reasonably included, but shall not include
areas occupied by buildings or structures, paving for parking, loading
or access thereto, required buffers or areas utilized for outside
storage.
Changing, rearranging, or adding to the original vegetation
or scenery of a piece of land to produce an aesthetic effect appropriate
for the use to which the land is put. It may include reshaping the
land by moving the earth, as well as preserving the original vegetation
or adding vegetation. The term includes lawns, trees, plants, and
other natural materials, such as rock and wood chips, and decorative
features, including sculpture, patterned walks, fountains, and pools.
Any activity involving the fabrication, reshaping, reworking,
and assembly or combing of products, parts and/or materials which:
Does not involve the union of chemicals, compounds or elements
to produce a new compound or substance on-site for direct industrial
sale;
Does not involve the union of chemicals, compounds or elements on-site for use during fabrication, reshaping, reworking, assembly, or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to Subsection C of this definition hereinbelow;
May involve the incidental application of chemicals, compounds
or elements of chemical products during the fabrication, reshaping,
reworking, assembly or combining of the products, parts and/or materials
including, but not limited to, painting, gluing and cleaning;
Stores and contains any and all products, parts and/or materials
utilized during the fabrication, reshaping, reworking, assembly or
combining of the products, parts and/or materials within completely
enclosed buildings; and
May involve the ancillary storage and warehousing of the items
fabricated, reshaped, reworked, assembled or combined during the "limited
manufacturing" activity.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
Any sewerage authority created pursuant to the Sewerage Authorities
Law (N.J.S.A. 40:14A-1 et seq.); and utilities authority created pursuant
to the Municipal and County Utilities Authorities Law (N.J.S.A. 40:14B-1
et seq.); or any utility authority, commission, special district or
other corporate entity not regulated by the Board of Regulatory Commissioners
under Title 48 of the New Jersey Revised Statutes that provides gas,
electricity heat, power, water or sewer services to municipal residents
thereof. See definition in MLUL; adopted herewith by definition.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit. The word "lot" includes the words "plot"
and "premises."
The area contained within the lot lines of a lot and not
including any portion of a street right-of-way.
The aggregate square footage by which all sidewalks, driveways,
patios and parking areas, whether paved, graveled, or unsurfaced,
and all buildings and other structures covering a lot as measured
in a horizontal plane to the limits of the structure. This term shall
include all areas covered by any material that will create an impervious
surface as determined the Zoning Officer and shall be synonymous with
"impervious coverage." Residential swimming pools shall not be included
in this term.
The perpendicular distance between the street line or front
lot line and a line drawn parallel thereto through the midpoint of
the rear lot line. On a corner lot the shorter distance shall be the
lot width and the greater distance shall be the lot depth.
The continuous horizontal distance between the side lot lines
measured along the street line. The minimum required lot frontage
shall be the same as the minimum required lot width, except where
frontage is specified as a requirement. Where the lot frontage is
a curve, the minimum required frontage shall not be less than 75%
of the required minimum lot width, unless a lesser frontage is specified
by this chapter. In the case of a corner lot, the lot shall have two
(or more) frontages, as all lot lines that that coincide with a street
line shall be considered a front lot line.
Any line forming a portion of the exterior boundary of a
lot which is the same line as the street line for that portion of
a lot abutting a street.
Any line sharing commonality and coexistent with a street
right-of-way line. All lot lines coincident with street right-of-way
lines shall be considered front lot lines.
Any lot line, other than a street line, which is parallel
to the front line or within 45° of being parallel to the front
lot line. A rear lot line shall also include any lot lines on an offset
to a through lot which constitutes the rear lot line of an adjacent
zoning lot. Lot lines for unusual lot configurations may be determined
by the Director or Planning.
Any lot line other than a front or rear lot line.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line. On a corner lot the
shorter distance shall be the lot width and the greater distance shall
be the lot depth.
A lot abutting the intersection of two or more streets, where
the interior angle of intersection does not exceed 135°. A corner
lot shall have two front yards, one side yard and one rear yard. The
rear yard shall be the yard generally opposite from the frontage where
lot width is measured. The side yard shall be the yard generally opposite
the frontage where lot depth is measured.
A lot running through from one street to another along two
more or less parallel public streets or streets that do not intersect
at the boundaries of the lot.
The lowest floor of the lowest enclosed area (including basement)
of a structure.
In accordance with the requirements of this chapter, any
security which may be accepted by the Borough of Spotswood for the
maintenance of any improvements required by this chapter including,
but not limited to, surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
See definition in MLUL; adopted herewith by definition.
An establishment or place of business primarily engaged in
providing body massage by persons who are not licensed by the State
of New Jersey as physical therapists or other similar professions.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted pursuant
to Article III of the Municipal Land Use Law.
The program within the Department of Health and Senior Services,
which is responsible for the administration and implementation of
activities related to the New Jersey Compassionate Use Medical Marijuana
Act.[2]
[Added 8-16-2021 by Ord.
No. 2021-09]
A swimming pool and the apparatus and equipment pertaining
thereto, operated on a membership basis without a daily admission
charge.
The Spotswood Borough Planning Board, the Spotswood Borough
Zoning Board of Adjustment or the Spotswood Borough Council when acting
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
A commercial establishment serving alcoholic beverages for
consumption on the premises and in which dancing is permitted; includes
the term "cabaret."
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter, but which fails to conform to the requirements of the zoning
district in which it is located by reasons of such adoption, revision
or amendment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Any offensive, annoying, unpleasant or obnoxious thing or
practice which unreasonably interferes with the enjoyment and use
of property.
A facility licensed by the state for five or more convalescent
or aged people, which may include kitchen facilities, recreation areas
and similar uses necessary adjunct uses for patient care.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any place used for the administering of medical or dental
treatment, or any place used as and inpatient or outpatient medical
or dental treatment center wherein certain medical or dental conditions
and disorders are treated primarily through surgical intervention
that is commonly performed in normal, private medical or dental practice.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
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 on a contiguous portion of the street
or right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
A porch which is open on three sides except for possible
wire screening. A porch shall not be considered to be an "open porch"
if it is encloses either by permanent or detachable glass panes on
any of the three open sides.
Any parcel or land area 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,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
Any area for the parking of motor vehicles, exclusive of
driveways, access drives, fire lanes and public rights-of-way, either
within a structure or in the open, in accordance with the following:
Each nonhandicapped space shall not be less than nine feet wide
by 18 feet in length;
Each handicapped space shall not be less than eight feet wide
by 18 feet in length and shall have an adjacent pedestrian access
aisle at least five feet wide, provided that if a different requirement
for a handicapped space has been adopted by the state, then the most
current requirement shall be met; and
The width and length of each space shall be measured perpendicular
to each other regardless of the angle of the parking space to the
access aisle or driveway.
In accordance with the requirements of this chapter, any
security which may be accepted by the Borough of Spotswood in lieu
of a requirement that certain improvements be completed prior to final
approval of a development application including, but not limited to,
surety bonds, letters or credit under the circumstances specified
in the Municipal Land Use Law at N.J.S.A. 40:55D-53.5, and cash.
See definition in MLUL; adopted herewith by definition.
Any use of land or buildings as permitted by this chapter.
An establishment or businesses which provides services of
a personal nature, such as hair care, nail and skin care, tanning
salons, and other similar types of services. The term "personal services
business" specifically excludes tattoo parlors, massage parlors and
check cashing establishments.
Those active services or functions exclusively devoted to
the active effort to promote human welfare, maintained or supported
by act or gift or organized distribution of funds.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to this chapter
prior to final approval, after specific elements of a development
application have been agreed upon by the municipal agency and the
applicant.
The preliminary map, with supporting documentation, indicating
the proposed layout of the subdivision or site plan which is submitted
to the municipal agency.
A building, structure or use which is the main or primary
building, structure or use on the lot.
A street that is not publicly maintained or not intended
to be publicly maintained.
The office of a member of a recognized profession maintained
for the conduct of that profession.
An extension of a building which protrudes or juts out from
the vertical plane of the building not more than two feet.
A lot or parcel line that defines the limits of ownership
for a piece of property; a line of record bounding a lot that divides
one lot from another lot or from a public or private street or any
other public space.
Any building or structure or part thereof, owned, leased,
or managed by any branch of government or any of its departments,
divisions, bureaus, boards, councils, authorities or other agencies.
An open space area conveyed or otherwise dedicated to the
municipality, municipal agency, Board of Education, state or county
agency or other public body for recreational or conservational uses.
A noncommercial, not-for-profit facility, designed to serve
the recreation, either active or passive, needs of the residents of
the community, and made available to the public. This definition may
include public school and public institution ball fields, if they
meet the above definition.
The use of land or buildings by the Borough of Spotswood
or any officially created authority or agency thereof.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
Recreation facilities operated as a business and open to
the general public for a fee.
Noncommercial clubs or recreation facilities operated by
nonprofit organizations, and/or public universities and open only
to bona fide members of such nonprofit organizations.
Recreation facilities operated as a nonprofit enterprise
by Spotswood Borough, other governmental entity or any nonprofit organization
and open to the general public.
Any building, structure, or vehicle designed and/or used
for living or sleeping and/or used for recreational purposes and equipped
with wheels to facilitate movement from place to place, and automobiles
when used for living or sleeping purposes and including pick-up coaches
(campers), motorized homes, boats, travel trailers, and camping trailers
not meeting the specifications required for a manufactured home or
a mobile home.
The repair, renovation, alteration or reconstruction of any
building or structure; or the renovation of a previously deficient
housing unit, which is occupied by a low- or moderate-income household,
to meet municipal or other applicable housing code standards as further
described in N.J.A.C. 5:94-4.2(b)3.
An area to be developed as a single entity according to a
plan containing the residential housing units which have a common
or public open space area as an appurtenance.
A building, accessory to a detached dwelling unit, which
is utilized for the storage of tools, lawn and garden equipment and
furniture and similar items of personal property owned by the occupants
of the detached dwelling unit.
An establishment regularly and primarily used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of foods for
its customers and in which no other business except such as is incidental
to such establishment is conducted, wherein the food and drink are
consumed within the principal building. Such uses shall not be interpreted
to include and are hereby defined to exclude drive-in, drive-through,
take-out, and fast food restaurants or other similar uses.
An establishment where patrons are served food, soft drinks,
ice cream, and similar confections inclusive of refreshment stands,
commonly called snack bars, dairy bars, hamburger stands or similar
uses where customers and patrons are served food, soft drinks, or
ice cream primarily for their immediate consumption outside the confines
of the building or structure in which the business is conducted thereto,
seats or other accommodations as provided for their patrons.
An establishment that by design, physical facilities, service,
and/or packaging procedures encourages and permits customers, being
located in a designated drive-through lane, to receive quick food
service using a window or series of windows while remaining in their
motor vehicles. This is accomplished through a limited menu of items
prepared and held for service or prepared quickly, and generally served
in disposable wrapping or containers. (M/L)
A restaurant, which may or may not have tables but which
is essentially designed to dispense quick, ready made food of a limited
variety. The patron obtains food directly from the dispensing counter
for consumption on or off such premises. The term fast food restaurant
shall include drive-in restaurant.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from an automobile.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
A boardinghouse wherein no personal or financial services
are provided to the residents. (See N.J.S.A. 55:13B-3.)
A nonprofit organization providing regular instruction in
academic and/or religious subjects from kindergarten through Grade
12 during a normal school year; offering a diploma, degree or certificate
subject to regulations prescribed by the State of New Jersey, Department
of Education, supported in whole or part by private funds and/or nonprofit
quasipublic agencies, administered supervised and directly affiliated
with an exempted nonprofit religious and/or cultural organization.
This shall not include a commercial or adult school or college giving
special or limited instruction such as but not limited to business,
art, music, dancing or a nursery school.
Any school operated under the administrative authority of
a duly constituted state, county, regional or municipal Board of Education
providing regular instruction of subjects from kindergarten through
Grade 12 of a normal school year; offering a diploma, degree or certificate
subject to regulations prescribed by the State of New Jersey, Department
of Education, supported in whole or part by public funds.
A visual barrier made up of planted or architectural materials
for the purpose of preventing the view of an object area by the general
public.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A building or group of buildings that have controlled access
and security within a compound containing various sizes of structures
which are compartmentalized, and/or controlled access stalls, and/or
locker areas for lease to or rent to individuals for storage of goods
within a building or buildings.
Lands and buildings providing for the sale of automotive
fuel, lubricants, and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the storage of inoperable, wrecked or unregistered vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station use shall be permitted.
The minimum horizontal distance between the street, rear
or side lot lines and the closest part of any building. The term "setback"
is synonymous with "required setback" and means a line beyond which
a building is not permitted to extend. When two or more lots under
one ownership are used the exterior property lines so grouped shall
be used in determining setbacks. The front setback shall be measured
from any future right-of-way line as adopted in the Master Plan.
A line drawn parallel with a street line or proposed street
line or lot line and drawn through the point of a building nearest
to the street line or proposed street.
A setback extending across the full width of the lot between
a front lot line and the foremost point of any structure, excluding
steps.
Extends across the full required width of a site, the depth
of which is the minimum horizontal distance between the rear property
line and the building line, except that on a corner lot the rear yard
shall extend only to the required front setback line offset dimension
to the street line.
The minimum required horizontal distance between the required
front setback to the required rear setback.
A group of commercial establishments which are planned, constructed
and managed as a total entity in accordance with a common architectural
theme and which are provided on-site customer and employee parking
and the location for the delivery of goods separated from customer
access.
A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than 12 inches above the street center
line except for street signs, fire hydrants and light standards.
An object, device, display or structure, or part thereof,
situated outdoors or indoors, which 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, design, symbols, fixtures,
colors, illumination or projected images.
The maximum projected area of the shape which encloses the
sign, device or representation. In the case of lettering attached
to building facades, the "sign area" shall be the product of the maximum
vertical dimension multiplied by the maximum horizontal dimension
of all lettering and symbols which form the sign, including the empty
space between the letters and symbols.
Any notice or advertisement, pictorial or otherwise, used
as an outdoor display not related to a use on the lot, regardless
of its size or dimension.
Signs limited to directional messages such as "one way,"
"entrance," and "exit," and upon which no logo, advertisement or other
identification is placed.
A sign, other than an identification sign, listing the names,
uses, tenants, occupants, or locations of the various businesses or
activities conducted within a building or group of buildings, that
is centrally located and intended to provide on-site directions.
A sign supported by one or more upright poles, columns, or
braces placed in or on the ground and not attached to any building
or structure.
A sign attached to and perpendicular to an exterior wall
of a building which overhangs the street right-of-way.
A sign attached on a roof that projects higher than the highest
part of the building; also includes signs inscribed or painted on
a roof.
A sign, poster, handbill, circular or paper which is in any
way attached to any pole, tree, sign or other stationary object or
structure, or which is freestanding, which is intended to advertise
a specific community or civil event such as, but not limited to, fairs,
carnivals, converts, charitable functions, garage sales or auctions
or any political campaign, candidate or event.
A sign mounted flat against and projecting less than four
inches from or painted on the wall of, a building or structure with
the exposed face of the sign in a plane parallel to the face of the
wall. This does not include window signs.
One or more persons living together in one dwelling unit
sharing, living, sleeping, cooking and sanitary facilities on a nonseasonal
and nonprofit basis. Such living arrangements must comply with the
space-related occupancy limitations set forth in the Property Maintenance
Code of the Borough of Spotswood, including but not limited to sleeping
and bathroom facilities and minimum amount of habitable floor area
per occupant.
A development plan of one or more lots which shows the existing
and proposed conditions of the lot including, but not necessarily
limited to, topography, vegetation, drainage, floodplains, marshes
and waterways, 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
and screening devices, and any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
Any site plan which is not classified as a minor site plan.
Any development plan which is limited to the proposed construction of any permitted accessory use which is not exempted from site plan review in Article 900 of this chapter. It consists of an expansion of, or addition to, an existing conforming structure and/or use which is not exempted from site plan review in Article 900 of this chapter and which does not account for more than 10% additional building coverage nor 10% additional lot coverage. It does not exceed more than 4,000 cubic feet of enclosed and roofed area, it does not involve a planned development, and it does not entail the installation of any road improvements or the expansion of public facilities or the installation of utilities other than normal service connections.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the sketch plat detail requirements of this chapter.
A district established to accommodate a narrow or special
set of uses or for special purposes. The term can signify any district
beyond the conventional residential, commercial, industrial, and agricultural
districts.
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purpose of this chapter, the
interior of a roof shall not be considered a ceiling, and cellars
and basements ordinarily shall not be considered stories when considering
the height of a building except, however, that a finished basement
and/or cellar in nonresidential buildings shall be considered a story
for the purposes of the height, floor area and parking requirements
of this chapter unless used solely for ancillary storage. Attic space
which has a stairway for access and egress and in which the ceiling
area at a height 7 1/3 feet above the attic floor is more than 1/3
the area of the floor next below shall be considered a full story.
That portion of a building under a gable, hip, or gambrel
roof, the wall plates of which at least two opposite exterior walls
are not more then two feet above the floor of such story. A cellar
shall also be included as a half-story.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, country or Spotswood Borough
roadway, or is shown on a plat heretofore approved pursuant to law,
or is approved by Spotswood Borough in accordance with the provisions
of this chapter, or 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, sidewalks,
parking areas and other areas within the street line. Moreover, for
the purposes of the street design and paving requirements of this
chapter, all private roads shall be considered streets.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way in accordance with the currently
adopted Traffic Circulation Element portion of the Spotswood Borough
Master Plan and the applicable design requirements of this chapter.
The street line is the dividing line between the street and a lot.
A street, or portion thereof, which is located in a residential
zone.
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, including such things as buildings, fences, poles,
signs, towers, tanks, decks, paved or concrete driveways, parking
lots and patios, swimming pools and tennis courts, but specifically
excluding on-site wastewater treatment and disposal systems.
See definition in MLUL; adopted herewith by definition.
Any division of land not classified as a minor subdivision.
Any division of land for the creation of not more than two lots
(one new lot and the remaining parcel), each fronting upon, and provided
vehicular access to, an existing street either improved in accordance
with N.J.S.A. 40:55D-35 or granted relief there from in accordance
with N.J.S.A. 40:55D-36, and which:
Does not involve any new street or access easement or the installation
of any street improvements or the extension of Borough facilities,
except as may be required along the street frontage of the subject
property;
Does not involve any streets requiring additional right-of-way
width as specified in the currently adopted Traffic Circulation Plan
Element portion of the Spotswood Borough Master Plan and/or the street
requirements of this chapter, unless such additional right-of-way
width, either along one or both sides of said street(s), as applicable,
is deeded to the Borough or to the appropriate governmental authority
prior to classification as a minor subdivision;
Does not involve any required off-tract improvements;
Does not involve a planned development;
Does not require a use, density, height or floor area ratio
variance;
Does not adversely affect the future development of the remainder
of the parcel of land being subdivided or any adjoining property.
If the proposed subdivision is deemed by the Planning Board or Zoning
Board of Adjustment to potentially adversely affect the future development
of the remainder of the parcel or any adjoining property, the Board
may determine that the proposed subdivision should more appropriately
be classified as a major subdivision because of the potential adverse
affects;
Is not deficient in those details and specifications required
of minor subdivisions as specified in this chapter; and
Is not a further division of an original tract of land for which
previous minor subdivision approval had been granted by the Borough
during the prior five-year period from the date of the current application
and where the combination of the proposed and previously approved
minor subdivisions constitute a major subdivision.
Any readjustment of lot lines resulting in no new lots shall
be classified as a minor subdivision for purposes of the application
and review requirements specified in this chapter.
A water-filled enclosure, above and/or below the ground,
having a depth of more than 24 inches and designed, used and maintained
for swimming and bathing.
The term "swimming pool" includes hot tubs and whirlpools and
other similar water-filled enclosures;
The term "swimming pool" includes all ordinary appurtenances
such as buildings structures and equipment; and
Any portable pool that is not permanently installed and meets
all of the following criteria is not considered a swimming pool and
is not subject to the provisions of this chapter:
A swimming pool located as an accessory use on the same residential
lot as the principal use it serves, is utilized only by the owner(s)
or his nonpaying guests and is not operated for profit.
A swimming pool open to the general public or open to members
only of a club or organization, whether operated for profit or not.
A place where the principal use or function is the selling
and consumption of alcoholic beverages and incident thereto may be
the retail sale or consumption of food as a permitted use, consistent
with N.J.S.A. 33:12 et seq.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The purpose or activity for which land or structures are
arranged or designed, or the purpose or activity for which either
land or structures are, or may be, used, occupied or maintained. The
term "permitted use" does not include the term "nonconforming use."
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.
A use or activity 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 reasons of such adoption, revision or amendment.
A use of a building or land that conforms to the provisions
of this chapter.
A use which is the major use of the lot. In any residential
zone, a dwelling on a lot shall be deemed the principal use of that
lot.
Any use of land or structure or structures thereon which
is owned and used by the federal, state, county or municipal governments.
"Public use" shall also include property not owned by a government
entity but which is leased or used for that purpose.
Any use which is public in nature but which is owned and
used by a private interest group. Quasipublic uses include churches,
parish houses, parochial schools, historical sites and similar uses,
but do not include clubs, lodges or similar private uses.
The use of a building or part thereof as a dwelling unit.
Permission granted to an applicant for development by the
Planning Board or the Zoning Board of Adjustment, as the case may
be, to depart from the literal requirements of the zoning provisions
of this chapter.
Any fence, wall, tree, hedge, or shrub, or a combination
of them which limits visibility or provides screening from adjacent
use.
Facilities characterized by extensive storage of goods, frequent
heavy trucking activity, open storage of material, or nuisances such
as dust, noise, and odors, but not involved in manufacturing or production.
Any personal wireless service as defined in the Federal Telecommunications
Act of 1996 ("FTA"); i.e., commercial wireless telecommunication services
licensed by the Federal Communications Commission (FCC), including
cellular, PCS, SMR, ESMR, paging, and similar services that currently
exist or that may in the future be developed. "Wireless communications"
does not include any amateur radio facility that is under 70 feet
in height and is owned and operated only by a federally licensed amateur
radio station operator or is used exclusively to receive transmissions,
nor does it include any parabolic satellite antennas, nor does it
include non-wireless telephone service.
Any device which is used for the transmission and reception
of wave frequencies for the purpose of any wireless communication
as defined hereinabove. For the purposes of this subsection, wireless
communication antennas shall not be considered to be public utilities.
A freestanding monopole structure on which one or more antennas
are attached, but shall not mean existing structures such as steeples,
cupolas, industrial building towers, support towers or water standpipes.
An open space that lies between the principal or accessory
building or buildings and the nearest lot line.
FRONT YARDThe open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent of curved street lines.
REAR YARDThe open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.
SIDE YARDThe open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.
The map referred to in § 120-402 of this chapter which shows the boundaries of the zoning districts and the areas designated for the optional development alternatives.
The person or persons designated by the Spotswood Borough
Council to administer and enforce the zoning provisions of this chapter
and issue zoning permits.
A document signed by the Zoning Officer which:
May be required by this chapter as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and
Acknowledges that the use, structure or building complies with
the provisions of this chapter or with the provisions of a variance
as may have been granted by Planning Board or Zoning Board of Adjustment.
