A.
For purposes of this ordinance, the terms in this article shall have
the meaning attributed to them in this article, except as may be specifically
provided otherwise in this ordinance, or unless the context clearly
indicates a different meaning.
B.
In applying the New Jersey Residential Site Improvement Standards,
the terms used herein shall have the meaning attributed to them in
said standards, in case of conflict.
C.
When a term is not defined herein, then the meaning shall be as defined
by applicable statute. If a term is not defined herein or by applicable
statute, then the meaning attributed by the Zoning Officer shall be
binding unless reversed on appeal to the Board of Adjustment pursuant
to § 7.02B.
In the construction of this ordinance, the usage of words shall
be as follows, unless the context, other provisions of this chapter,
the application of law, or plain sense indicate otherwise:
A.
The present tense shall include the future tense;
B.
The singular number or word shall include the plural, and the plural,
the singular;
C.
The word "shall" indicates a mandatory requirement, and the term
"may" indicates a permissive action; and
D.
The word "used" includes the words "arranged, designed or intended
to be used".
The following statutes, with their citations, are referenced
in this ordinance:
A.
Child Care Center Licensing Act. P.L. 1983, c. 492 (C.
30:5B-1 et seq.).
B.
County and Municipal Investigations Law. P.L. 1953,
c. 38 (C. 2A:67A-1 et seq.).
C.
County Planning Act. P.L. 1968, c. 285 (N.J.S. 40:27-1
et seq.).
D.
Family Day Care Provider Registration Act. P.L. 1987,
c.27 (C.30:5B-16 et seq.).
E.
Freshwater Wetlands Protection Act. P.L. 1987, c. 156
(N.J.S. 13:9B-1 et seq.).
F.
Local Public Contracts Law. P.L. 1971, c. 198 (N.J.S.
40A:11-1 et seq.).
G.
Map Filing Law. P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9
et seq.).
H.
Municipal Land Use Law. P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.).
I.
New Jersey Residential Site Improvement Standards. (N.J.A.C.
5:21).
J.
Open Public Meetings Law. P.L. 1975, c. 231 (N.J.S.
10:4-6 et seq.).
K.
Penalty Enforcement Law. P.L. 1948, c. 253 (N.J.S. 2A:58-1
et seq.).
L.
Soil Erosion and Sediment Control Act. P.L. 1975, c.
251 (N.J.S. 4:24-39 et seq.).
M.
State Uniform Construction Code. (N.J.A.C. 5:23 et seq.).
N.
State Uniform Construction Code Act. P.L. 1975, c. 217
(N.J.S. 52:27D-119 et seq.).
A.
ABOVE GRADE STRUCTURE — Any building, roofed structure or other
structure which has a height above the ground of at least one foot.
If only part of said structure is one foot or higher above the ground,
then only that part shall be considered an "above grade structure".
This definition shall include, but is not necessarily limited to,
swimming pools, hot tubs, ornamental pools, porches, decks, balconies,
tanks, fireplaces and barbecue pits, roofed arbors and trellises,
any or all of which are located above grade as defined herein. Notwithstanding
the above, the following shall not be construed to be above grade
structures for the purposes of this chapter: fences, walls, flagpoles,
mailboxes, signs, and lawn ornaments.
B.
ABUTTING — Touching or joining at the edge or border, adjacent,
contiguous.
C.
ACCESS DRIVE OR AISLE — That portion of a parking area or facility
not devoted to parking spaces which permits vehicles to move from
the roadway to the parking stall and includes both the portion leading
to the parking spaces from the street as well as the aisle or space
between parking stalls which permits automobile maneuvering for the
purpose of parking.
D.
ACCESSORY
BUILDING OR STRUCTURE — A building or structure occupied or
devoted exclusively to an accessory use on the same lot with and subordinate
to a principal building or structure. More particularly, but not by
way of limitation, an accessory building or structure in a residential
zone shall be construed to include a deck, detached private garage;
private greenhouses; private sheds; gazebos; other private roofed
structures; private swimming pool; private tennis court; private racquet
ball, private platform tennis, private paddle ball, or private handball
court.
[Added 8-11-2020 by G.O. No. 2181]
E.
ACCESSORY USE — A use naturally and normally incident and subordinate
to the principal and primary use upon any premises. More particularly,
but not by way of limitation, a residential accessory use shall be
construed to include such uses as a private swimming pool, private
tennis court, private racquet ball, platform tennis, paddle ball or
handball court.
F.
ACRE — A unit of land surface area measure consisting of 43,560
square feet.
G.
ADMINISTRATIVE OFFICE — An office where the primary function
is dealing with other branches or divisions of the same enterprise,
and where there is only minimum contact with the general public due
to such primary function.
H.
ADMINISTRATIVE OFFICER — The Secretary of the Board in the
case of action required by the Board, and the Zoning Officer, Municipal
Clerk or Construction Official in the case of action required by them.
I.
AFFORDABLE HOUSING — Housing which is affordable by persons
of low or moderate income based upon standards of income and affordability
established by the regulations of the New Jersey State Council on
Affordable Housing as amended from time to time.
J.
ALTERATION — Any change or rearrangement in the supporting
members of an existing building, such as bearing walls, columns, beams,
girders or interior partitions, as well as any change in doors or
windows, or any enlargement to or diminution of a building or structure,
whether horizontally or vertically, or the moving of a building or
structure from one location to another.
K.
ANCILLARY — Accessory or auxiliary.
L.
ANTENNA — A device used to transmit and/or receive radio or
electromagnetic waves between earth- and/or outer space-based structures.
M.
ANTENNA, EXEMPT — An antenna of any of the following types:
1.
An antenna that is designed to receive direct broadcast satellite
service (DBS), including direct-to-home satellite service, and is
one meter (39.37 inches) or less in diameter;
2.
An antenna that is designed to receive video programming services
via multipoint distribution services, including multi-channel, multipoint
distribution services (MMDS), instructional television services, and
local multipoint distribution services, and is one meter (39.37 inches)
or less in diameter or diagonal measurement, provided that if such
antenna is located on a mast, the mast is 12 feet or less in height;
3.
An antenna that is designed to receive television broadcast signals
(TVBS) provided that if it is located on a mast, the mast is 12 feet
or less in height;
4.
A transmission satellite dish no greater than one meter (39.37 inches)
in diameter;
5.
A receive-only satellite dish greater than one meter (39.37 inches)
and less than or equal to two meters (78.74 inches) in diameter and
located in a non-residential zone district; and
6.
A transmission satellite dish no greater than two meters (78.74 inches)
in diameter and located in a non-residential zone district.
N.
APARTMENT UNIT — One or more dwelling rooms usually with private
bath and kitchen facilities comprising an independent self-contained
dwelling unit in a building containing more than one dwelling unit
on a single lot.
O.
APPLICANT — A developer or owner submitting an application
for development.
P.
APPLICATION FOR DEVELOPMENT — The application form and all accompanying documents required by this ordinance for approval of a subdivision plat or site plan pursuant to Article 8, conditional use pursuant to Article 18 or zoning variance or direction of the issuance of a permit pursuant to Article 7.
Q.
AREA — The measurement of a plane surface expressed in acres
or square feet.
R.
ARTISAN
MANUFACTURING — The shared or individual use of handtools, mechanical
tools and electronic tools, and which may include instruction in the
use of those tools, for the manufacture of finished products or parts
including design, processing, fabrication, assembly, treatment, and
packaging of products; as well as the incidental storage, sales and
distribution of such products. Typical artisan manufacturing uses
include, but are not limited to, electronic goods; printmaking; leather
products; jewelry and clothing/apparel; metal work; wood work; furniture;
glass or ceramic production; paper manufacturing. Artisan manufacturing
uses shall include a retail sales component that is publicly accessible.
[Added 10-13-2020 by G.O. No. 2193[1]]
S.
ASSISTED LIVING FACILITY — A multi-family residence designed
to provide a supportive living environment for the semi-independent
to frail older adult and which typically offers, in addition to private
or semi-private rooms, the following services: meals, personal care,
financial management, monitoring of medication or supervision of self-administration
of medication, housekeeping, social and recreation activities, transportation
and twenty-four-hour site supervision. Assisted living housing facilities
are licensed and inspected by the N.J. Department of Community Affairs
as a Class C Rooming and Boarding Home or are licensed and inspected
by the N.J. Department of Health as an Assisted Living Residence.
T.
AT-GRADE STRUCTURE — Any structure which has a height above
the ground of less than one foot.
U.
ATTACHED DWELLING UNITS — Dwelling units which occupy their
own separate lot of land but which share a common wall with the adjacent
abutting dwelling unit.
V.
ATTIC — The open, non-habitable space between the ceiling beams
of the top habitable floor and the roof rafters in any building.
W.
AUTOMOBILE BODY REPAIR SHOP — Any building, structure, lot
or land in or upon which a business, service or industry licensed
by the State of New Jersey involving the repair and/or painting of
motor vehicle bodies, and storage in connection therewith, is maintained,
conducted, operated or rendered.
X.
AWNING — A roof-like cover made of fabric, flexible plastic
or thin metal over a frame, which projects from and is supported solely
by the wall of a building, the purposes for which may include the
shielding of a doorway, window or sidewalk from the elements and the
display of signs.
[Amended 9-29-2009 by Ord. No. 1941; 8-11-2020 by G.O. No. 2177]
A.
BALCONY — An exterior structure of wood, masonry, metal, stone,
asphalt or other substance, without a roof, the floor level of which
is elevated above ground level more than four feet and either supported
by, attached to or accessible from the principal building or structure.
B.
BASEMENT — An interior space, or portion thereof, having a
floor level below the average outside elevation of ground at the foundation
wall of the building or structure in which it is contained, and having
a floor to ceiling height of not less than 6.5 feet. A basement shall
be considered as a story where the finished surface of the floor above
the basement is:
More than four feet above the average grade elevation;
More than four feet above the finished grade for 50% or more
of the total building perimeter; or
More than 10 feet above the finished ground level at any point.
C.
BAY WINDOW — A series of windows projecting outward from the
main wall of a building and forming a bay or alcove in a room within,
usually but not always having a floor.
[Amended 5-9-2023 by G.O. No. 2023-17]
D.
BEDROOM — A room within a dwelling unit which is used for sleeping
on a regular basis, usually containing a bed or similar device for
sleeping and usually equipped with a door for purposes of privacy.
E.
BLOCK — A group of platted lots facing one side of one street
between two cross streets.
F.
BOARD — The Planning Board, Zoning Board of Adjustment, or
Board of Architectural Review, as applicable.
G.
BOARD OF EDUCATION ADMINISTRATIVE OFFICE USE — Any use by the
Board of Education of any property owned or leased by it for administrative
offices provided such Board of Education use shall not include schools
or other Board of Education uses which are treated separately in this
ordinance, and further provided that such use shall not include any
use of property owned or leased by the Board of Education and thereafter
permitted to be used by others under leases or other arrangement for
purposes other than accomplishing the Board of Education administrative
functions.
H.
BOARD OF EDUCATION USE, OTHER — Any use by the Board of Education
of any property owned or leased by it provided such Board of Education
use shall not include schools or Board of Education administrative
office uses which are treated separately in this ordinance, and further
provided that such use shall not include any use of property owned
or leased by the Board of Education and thereafter permitted to be
used by others or leased by others under leases or other arrangements
for purposes other than accomplishing the Board of Education functions.
I.
BOARDING
HOUSE — A single-family residence or either unit of a two-family
residential use (duplex) or any unit in a multifamily residence in
which two or more rooms are rented individually or separately, to
tenants under separate rental agreements (whether oral, written, or
implied), for valuable consideration. Housing protected by federal
or state law, including housing for persons protected under the Fair
Housing Act, 42 U.S.C. § 3604(f) and the New Jersey Fair
Housing Act, N.J.S.A. 52:27D-301 et seq., or housing otherwise subject
to the Town’s Affordable Housing Regulations, shall not constitute
a boarding house. Additionally, foster children placed in a lawful
foster family home, a hotel/motel, community residential home with
six or fewer residents, a nursing home, or a residential care facility
shall not be considered a boarding house.
J.
BOW WINDOW — A bay window which is rounded.
K.
BUILDING — Any structure equipped with a roof, supported by
columns, pillars or walls, and designed for temporary or permanent
occupancy.
L.
BUILDING EAVE HEIGHT — The vertical distance from the grade
plane to the lowest point of a roof for gable, hip, gambrel, mansard,
and flat roof types. The grade plan representing the average of finished
ground level adjoining the building at all exterior walls. If a dormer
or combination of dormers extends for 50% or greater of the width
of the roof structure at each elevation, building eave height shall
be measured to the eave(s) of the dormer(s).
[Amended 5-9-2023 by G.O. No. 2023-18]
M.
BULK AND LOT REGULATIONS — Regulations involving building height,
yard dimensions, lot area, lot width, lot frontage, lot depth, lot
coverage by buildings or structures or other improvements, floor area
ratio and other regulations of the dimensions of buildings, structures,
yards or lots.
N.
BUSINESS OR COMMERCIAL OFFICE — A business or commercial establishment
which does not offer a product or merchandise for sale to the public
on the premises, but which provides a service to patrons as its primary
function. Notwithstanding the above, and notwithstanding the fact
that products or merchandise may not be for sale to the public on
the premises, establishments offering personal services, such as barber
and beauty shops, or repair services, such as radio and television
repair shops, and similar businesses shall not be included in this
definition of business or commercial office.
O.
BUSINESS SERVICES — Services primarily rendered to other business
establishments on a fee or contract basis rather than to the general
public. Such services as advertising and mailing, building maintenance,
employment services, management and consulting services, protection
services, equipment rental and leasing, commercial research development
and testing, and photo finishing are examples of business services.
A.
"C" VARIANCE — Any variance which is not a "D" variance.
B.
CELLAR — A basement.
C.
CELLULAR TELECOMMUNICATIONS ANTENNA — An antenna that is intended
for commercial transmission or reception of personal wireless telephone
services communications, and including commercial mobile services
communications, unlicensed wireless services communications, and common
carrier wireless exchange access services, and also including any
other accessory structures and equipment necessary for such transmission
or reception. A "freestanding cellular telecommunications antenna"
is such an antenna supported by a tower, mast, pole or similar structure
designed primarily for supporting and raising the vertical elevation
of such antenna.
D.
CERTIFICATE OF OCCUPANCY — A certificate which is issued by
the Construction Official signifying completion of a building, structure
or other improvement in accordance with applicable laws and ordinances
and permitting the occupancy or use of the building, structure or
improvement for the stated purposes.
E.
CHANGE OF USE — A change, including but not limited to conversions,
from a use permitted in the zone district to another use permitted
in the zone district.
[Amended 6-6-2017 by Ord.
No. 2082]
F.
CHILD CARE CENTER — Any facility which is maintained for the
care, development or supervision of six or more children who attend
the facility for less than 24 hours a day, and which is licensed as
a childcare center by the Department of Human Services. This term
shall not include any of those facilities or uses which are not included
within the definition of "child care center" contained in the Child
Care Center Licensing Act.
G.
CLASSIFICATION — Assignment to a category within a system of
categories.
H.
COMMERCIAL — A use characterized by an interchange or sale
of goods or services with emphasis on profit.
I.
COMMON OWNERSHIP — Common ownership is ownership of two or
more contiguous lots of real property by one person or by two or more
persons owning such lots in any form of joint ownership.
J.
COMMUNITY RESIDENCES AND SHELTERS — Any of the following:
1.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES — A community
residential facility licensed pursuant to P.L. 1977, c. 448 (C.30:11B-1
et seq.) providing food, shelter and personal guidance, under such
supervision as required, to not more than 15 persons with head injuries,
who require assistance, temporarily or permanently, in order to live
in the community, and shall include, but not be limited to: group
homes, halfway houses, supervised apartment living arrangements, and
hostels.
2.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED — Any
community residential facility licensed pursuant to P.L. 1977, c.448
(C.30:11B-1 et seq.) providing food, shelter and personal guidance,
under such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, half-way houses, intermediate
care facilities, supervised apartment living arrangements, and hostels.
3.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL — Any community
residential facility operated as a hospice program providing food,
shelter, personal guidance and health care services, under such supervision
as required, to no more than 15 terminally ill persons.
4.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE — Any shelter
approved for a purchase of service contract and certified pursuant
to standards and procedures established by regulation of the Department
of Human Services, providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 15 persons
who have been victims of domestic violence, including any children
of such victims, who temporarily require shelter and assistance in
order to protect their physical or psychological welfare.
K.
CONCEPT PLAN — The optional, initial development plan for subdivisions
and/or site plans of sufficient accuracy and detail to be used for
the purpose of informal review, evaluation and non-binding comment
by the Planning Board and meeting the requirements of this ordinance.
L.
CONDITIONAL USE — A use permitted in a particular zone district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this ordinance, and upon the issuance of
an authorization therefore by the Planning Board.
M.
CONDOMINIUM — One or more buildings or structures and the land
on which situated containing multiple residential dwelling uses or
multiple non-residential uses characterized by a form of ownership
of real property under a master deed providing for ownership by one
or more owners of units of improvements together with an undivided
interest in common elements appurtenant to each unit.
N.
CONSTRUCTION PERMIT — A permit which is granted by the Construction
Official for the erection, alteration, extension or demolition of
a building or structure.
O.
CONTIGUOUS — Synonymous with abutting.
P.
COOPERATIVE — A form of ownership of a building or structure
containing multiple residential dwelling uses or multiple non-residential
uses characterized by individual ownership of shares of a corporation
in an amount related to the space of an occupied unit, with the corporation
owning the building and land as a whole.
Q.
COVERAGE BY BUILDINGS AND ABOVE-GRADE STRUCTURES — The combined
area of all buildings and above grade structures on a lot, including
but not limited to porches, decks, balconies and cantilevered parts
of the building at any level, but excluding, however, cornices, eaves
and other structures which are specifically excluded by this ordinance.
Said coverage shall be measured at the exterior surface of such buildings
and structures and shall be divided by the lot area and expressed
as a percentage or, in some cases, as a maximum square foot number.
R.
COVERAGE BY IMPROVEMENTS — The coverage by buildings and above-grade
structures on a lot as defined above, plus the ground coverage of
the plan projection of any structures, driveways, sidewalks, parking
areas and other paved areas, divided by the lot area and expressed
as a percentage or, in some cases, as a maximum square foot number.
It is intended to include within this definition all man-made features
except vegetation, organic mulch, soil and other structures which
are specifically excluded by this ordinance.
T.
CUL-DE-SAC — A street closed on one end and having an enlarged
turn around area at the closed end.
A.
"D" VARIANCE — Permission to depart from the literal requirements
of the zoning regulations to permit:
1.
A use or principal structure in a district restricted against such
use or principal structure;
2.
An expansion of a non-conforming use;
3.
Deviation from a specification or standard pertaining solely to a
conditional use;
4.
An increase in the permitted floor area ratio as defined in this
chapter;
5.
An increase in the permitted density as defined in this chapter,
except as applied to the required lot area for a lot or lots for detached
one or two dwelling unit buildings, which lot or lots are either an
isolated undersized lot or lots resulting from minor subdivision;
or
6.
A height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the district for a principal structure.
B.
DAYS — Calendar days.
C.
DECK — A structure of wood, masonry, metal, stone, asphalt
or other substance, without a roof, the floor level of which is elevated
above average ground level more than one foot but not more than four
feet and which is used or designed for use for recreational purposes.
D.
DENSITY — The permitted number of dwelling units per gross
acre of land to be developed.
E.
DETACHED DWELLING UNIT — A single dwelling unit which occupies
its own separate lot of land, as in a single-family house.
F.
DETACHED SINGLE-FAMILY RESIDENTIAL BUILDING OR STRUCTURE —
A building or structure on a separate lot of land containing one dwelling
unit and not attached to any adjoining dwelling unit by a common wall.
G.
DEVELOPER — 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.
H.
DEVELOPMENT — 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 excavation or landfill, and any use or change in the use
of any building or structure, or land or extension of use of land,
for which permission may be required pursuant to this ordinance.
[Amended 6-6-2017 by Ord.
No. 2082]
I.
DISTRICT — Synonymous with zone district, and being a division
of the Town of Westfield permitting only certain categories of uses,
requiring certain lot sizes or other development conditions, or any
combination of the foregoing.
J.
DRAINAGE RIGHT-OF-WAY — The lands required for the installation
or maintenance of storm water sewers, brook enclosure, brook channel
improvements or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with N.J.S.A. 58:1 et seq.
K.
DRIVEWAY — An improved or delineated area on a lot leading
from a street to a garage or entrance to or exit from a building or
structure or a parking area intended and designed for use by motor
vehicles.
L.
DUPLEX — Same as an attached dwelling unit but limited to two
units.
M.
DWELLING UNIT — A dwelling unit is one or more rooms comprising
living accommodations designed and used for occupancy by one family
living together as a single housekeeping unit and usually containing
sanitary, sleeping, and kitchen and dining facilities, fixed or portable.
N.
EDUCATIONAL SERVICES — Establishments engaged in offering instruction
in automobile driving, academic tutoring and examination preparation,
but excluding schools, colleges and universities.
[Amended 6-6-2017 by Ord.
No. 2082]
O.
EXCEPTION — Permission granted by formal action of the Board,
or a connective of those organizations to who such power has been
delegated, to depart from the design standards, Article 10 of this
ordinance.
[Amended 11-21-2006 by Ord. No. 1878; 9-29-2009 by Ord. No. 1941; 8-11-2020 by G.O. No. 2177]
A.
FACADE — The exterior vertical surface of a building including
ornamentation, windows, doors and overhangs.
B.
FAMILY —Any number of persons, whether related by blood, marriage
or adoption or not and regardless of whether a consideration is involved,
living together in a single dwelling unit as a single housekeeping
unit, provided they are in compliance with the minimum space requirement
per person as set forth in Article 12.
C.
FAMILY DAY-CARE HOME — The private residence of a family day-care
provider which is registered as a family day-care home pursuant to
the Family Day Care Provider Registration Act.
D.
FEE SIMPLE — A form of ownership or real estate where the owner
or owners are entitled to the entire property with unconditional power
of disposition during life and which passes to heirs upon death pursuant
to the intestacy laws or if there is a will to the devisee by will.
E.
FENCE — An artificially constructed freestanding barrier of
wood, wire, metal or any other natural or combination of materials
erected for the enclosure or screening of areas of land supported
by posts or other similar devices placed in the ground.
F.
FINAL APPROVAL — The official action of the Board taken on
a major subdivision or site plan which has received preliminary approval
after all conditions, engineering plans and other requirements have
been completed or fulfilled and the required infrastructure approval
improvements have been installed or guarantees properly posted for
their completion, or approval conditioned upon the posting of such
guarantees.
G.
FINAL PLAT — The final map of all or a portion of the subdivision
which is submitted for final Board approval in accordance with this
ordinance and which, if approved, shall be filed with the proper county
recording officer and which complies with the Map Filing Law.
H.
FINAL SITE PLAN — The final site plan containing all changes
required in the preliminary site plan approval.
I.
FIRE ESCAPE — An emergency egress from a building used for
human occupancy, constructed to meet the requirements of the current
construction code.
J.
FLOOD PLAIN — An area adjacent to a flood way as defined by
the Federal Emergency Management Administration.
K.
FLOOD WATER DETENTION OR RETENTION BASIN — Any storm drainage
control technique which retards or detains storm water runoff from
land or buildings by the use of a containment device such as a chamber
or basin.
L.
FLOOD WAY — The space contained within the banks of a stream
or river as defined by the Federal Emergency Management Administration.
M.
FLOOR AREA, GROSS (GFA) — The floor area of all floors of a
building or structure having floors and measured from the exterior
surface of the exterior walls of the building or structure.
N.
FLOOR AREA, HABITABLE — The area of that portion of a building
or structure designed, intended, heated, and furnished for year-round
human occupancy, measured on each floor from the building’s
exterior walls and including the full horizontal area of each floor
of the building, regardless of whether or not an actual floor extends
throughout it. Habitable floor area shall not include that portion
of a finished attic equal to not more than 1/3 the area of the floor
below. Habitable floor area shall not include that portion of an attached
unheated garage floor area as follows:
RS-6, RS-8 and RS-10 Zones: Up to but not exceeding 250 square
feet;
RS-12, RS-16, RS-24, and RS-40 Zones: Up to but not exceeding
450 square feet.
O.
FLOOR AREA RATIO — The floor area ratio (FAR) is the habitable
floor area of all buildings on the site compared to the total area
of the site.
P.
FRONT — (Reserved)
Q.
FRONT YARD — See "yard, front."
R.
FRONTAGE — See "lot frontage."
A.
GARAGE, PRIVATE — A detached accessory building, or a portion
of a principal building, used primarily for the storage of motor vehicles
owned or used by the occupant of the principal building.
B.
GARAGE, PUBLIC — A public garage is any building, structure,
lot or land on or upon which a business, service or industry involving
the storage, maintenance or servicing and storage in connection therewith,
of motor vehicles or boats is maintained, conducted, or rendered,
provided that a "public garage" shall not include any building, structure,
lot or land on which motor fuel is offered for sale to the public
or on which a business is conducted involving automobile body repair
or painting.
C.
GARDEN APARTMENT — A building or group of buildings situated
on one lot and containing separate dwelling units for no less than
three families and not exceeding two habitable floors.
D.
GARDEN CENTER — A commercial establishment selling plants and
garden products, seeds, fertilizer, tools and other related items
primarily at retail to the public.
E.
GASOLINE FILLING STATION — Any building, structure, lot or
land on or upon which a business, service or industry offers the sale
of motor fuel to the public, and does not provide any other services
or sell, rent or lease any other products other than customary and
incidental maintenance services or products provided while the vehicle
is being refueled, including, but not be limited to, the checking
and adjusting vehicle fluid levels and tire pressures, the cleaning
of windows, etc. and the sale of vehicle fluids.
F.
GASOLINE SERVICE STATION — Any building, structure, lot or
land on or upon which a business, service or industry involving the
storage, maintenance, or servicing and storage in connection therewith,
of motor vehicles is maintained, conducted, operated or rendered and
in association therewith, motor fuel is offered for sale to the public,
provided that a "gasoline service station" shall not include any building,
structure, lot or land upon which a business is conducted involving
automobile body repair or painting.
G.
GAZEBO — A detached residential accessory structure with a
roof but no walls.
H.
GLARE — The sensation produced by luminance within the visual
field that is sufficiently greater than the luminance to which the
eyes are adapted to cause annoyance, discomfort or loss in visual
performance or visibility.
I.
GOVERNING BODY — The chief legislative body of the Town of
Westfield, the Town Council.
J.
GRADE — The elevation of the surface of the earth or, where
applicable, the average elevation of land around a building or structure
as measured at the foundation. Also, the percent of rise of a sloping
surface.
K.
GROSS FLOOR AREA — See "floor area, gross."
L.
HABITABLE FLOOR AREA — See "floor area, habitable."
M.
HALF-STORY — That portion of any building or structure located
under a pitched roof at the top of a building having a story height
of seven feet, zero inches or greater and having a floor area that
is less than or equal to one third of the gross floor area of the
floor below. For the top most story, story height shall be measured
from the top of the finished floor to the top of the ceiling joists
or, where there is not a ceiling, to the top of the roof rafters.
[Amended 9-29-2009 by Ord. No. 1941]
N.
HEIGHT OF BUILDING OR STRUCTURE — Unless specifically indicated
otherwise in the text, the vertical distance from the highest point
of the building or structure to the average elevation of normal grade
level at the base of the building or structure. Normal grade shall
be construed to be the newly established grade after construction,
exclusive of any filling, berming, mounding or excavating which deviates
from the grade in the general vicinity of the site.
O.
HOME OCCUPATION — Any use or occupation customarily conducted for profit and conducted entirely within a dwelling unit which meets the conditions imposed by Article 14.
P.
HOT TUB — A plumbing fixture which can be located both inside
or outside a dwelling capable of accommodating several persons at
the same time and having water circulating or aerating equipment and
having a water surface area when full not exceeding 50 square feet.
Q.
HOTEL — A commercial establishment offering lodging to transients
and often having restaurants, public rooms and shops open to the general
public. "Hotel" and "motel" are synonymous.
R.
HOUSE OF WORSHIP — A building or structure, or group of buildings
or structures, which by design and construction are primarily intended
for use by groups or persons to conduct organized religious services
and the secondary uses associated therewith notwithstanding the fact
that such buildings or structures are called by other names by the
religious denomination utilizing them. This definition shall include,
but not be limited to: chapels, churches, congregations, temples,
mosques, shrines and similar designations as well as rectories, parish
houses, convents and such secondary uses located on the same lot.
S.
HOUSING FOR THE ELDERLY — One or more dwelling units intended
and designed to be occupied by: single individuals 50 years of age
or older; married couples, at least one of whom is 50 years of age
or older; two or more persons not related by blood, marriage or adoption
when all such persons are 50 years of age or older; one person under
age 50 but over age 20 residing in a dwelling unit with an elderly
person or persons as permitted above, if the presence of said person
is essential for the care or economic support of the elderly person
or persons. Children 20 years or older may reside with a parent or
parents as permitted above. Rental, leasing, resale or occupancy of
said units must comply with the age restrictions as herein set forth
to qualify as housing for elderly.
T.
IMPROVEMENT — Anything placed on a lot which does not exist
naturally, provided that earth, rocks, grass, shrubs, trees and other
vegetative material, although placed on the lot by the developer,
shall not be construed as an "improvement" as defined herein, and
further provided that the above shall not be construed to exempt filling,
excavation, grading or landscaping from the requirement to obtain
site plan approval if required by this ordinance.
U.
INDUSTRIAL USE — A use characterized by manufacturing of products,
the use of processes, the assembly of component parts of pre-manufactured
products other than structures or other fixed improvements, and the
blending of materials, and usually creating a tangible product.
V.
INGRESS AND EGRESS PLATFORM — An open above grade structure,
with or without a roof and having a platform less than 35 square feet
in area, attached to a building or structure, located adjacent to
an exterior door providing entry to only the ground floor and which
may include a stairway to grade and which is designed to provide regular
ingress and egress to the building or structure. Such ingress and
egress platform shall not be considered a balcony, deck or patio.
W.
INTERESTED PARTY — In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey. 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 Town of
Westfield, whose rights to use, acquire, or enjoy property is or may
be affected by any action taken under this ordinance or whose rights
to use, acquire or enjoy property under this ordinance 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
this ordinance or the Municipal Land Use Law.
A.
JOINT PARKING PROGRAM — A program approved by the Board pursuant
to an application whereby parking facilities are shared by occupants
of two or more premises.
B.
JUNKYARD — Any space or area, whether inside or outside a building
or structure, used or intended to be used for the storage, selling,
buying, trading in, keeping, or abandonment of used or discarded or
scrap metal, glass, paper, fabric, cordage or other similar material,
or for the dismantling, demolition or abandonment of motor vehicles,
or other vehicles or machinery, appliances, equipment, fixtures, or
parts thereof. This definition shall not apply to facilities operated
by the Town or an agency thereof as a convenience to its citizens
for the purposes of disposal of organic materials or discarded household
items or by non-profit organizations on public property with the permission
of the Town Council and under its control for the purpose of recycling.
C.
LIMITED CHILDCARE HOME — A private residence in which child
care services are provided for a fee to at least six but less than
nine 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 childcare services:
D.
LIVING FLOOR — A habitable floor.
E.
LOT — A designated parcel, tract, or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
F.
LOT AREA — The total square unit contents of any lot as measured
within the lot lines.
G.
LOT, CORNER — A lot located at the junction of and having continuous
frontage on two or more intersecting streets, and/or a lot having
continuous frontage on two or more sides by the same street. A lot
consistent with the foregoing definition and which has frontage on
streets on opposite ends of the lot is both a corner lot and a through
lot.
[Amended 11-21-2006 by Ord. No. 1878]
H.
LOT COVERAGE — See Building Coverage and/or Improvement Coverage,
as applicable.
I.
LOT DEPTH — The shortest straight-line distance between the
front lot line and the rear lot line(s), or in the case of through
lots, the shortest straight-line distance between the front lot line
and the lot line(s) opposite the front lot line.
[Amended 11-21-2006 by Ord. No. 1878]
J.
LOT FRONTAGE — The length of the lot line or lines that separate
a lot from a street right-of-way; provided, however, that for purposes
of administering the minimum lot frontage requirements in the zoning
regulations, only one lot line shall be used in calculating lot frontage,
as follows:
[Amended 11-21-2006 by Ord. No. 1878]
K.
LOT, INTERIOR — Any lot which is not a corner lot.
L.
LOT LINE, FRONT — On interior lots and through lots, the lot
line(s) separating a lot from a street right-of-way. On corner lots,
the shortest lot line separating a lot from a street right-of-way;
if two or more such lot lines are the same length, the developer shall
choose which lot line is the front lot line and which lot line is
the street side lot line. In addition, for purposes of this definition,
when the lot lines at an intersection are rounded, the length of the
front lot line shall be measured to the point of intersection of the
extension of the front lot line and street side lot line.
[Amended 11-21-2006 by Ord. No. 1878]
M.
LOT LINE, REAR — On interior lots and corner lots, the lot
line or lines opposite the front lot line. On through lots, the lot
line(s) that do(es) not separate the lot from a street right-of-way
and which is/are opposite the front lot line that is closest to the
existing or proposed principal building; some through lots do not
have a rear lot line. In the case of interior lots which have side
lot lines meeting at a point in the rear of the lot, the rear lot
line shall be construed to be an imaginary line that: a) intersects
the point of intersection of the side lot lines, and b) follows the
alignment of the rear lot lines of adjacent properties, the intent
being to maintain the existing rear yard pattern of the neighborhood.
[Amended 11-21-2006 by Ord. No. 1878]
N.
LOT LINE, SIDE — Any lot line other than a front lot line,
street side lot line or rear lot line.
[Amended 11-21-2006 by Ord. No. 1878]
N.1.
LOT LINE, STREET SIDE — On corner lots, the
lot line separating the lot from a street right-of-way and which lot
line is not a front lot line.
[Added 11-21-2006 by Ord.
No. 1878]
O.
LOT, THROUGH — A lot which has frontage upon streets at opposite
ends of the lot and/or a lot having noncontiguous frontage on two
or more streets. A through lot may also be a corner lot (see "lot,
corner").
[Amended 11-21-2006 by Ord. No. 1878]
P.
LOT WIDTH — The shortest straight-line distance between the
side lot lines of any lot, measured so that the portion of such straight
line which is closest to the front lot line is at a distance from
the front lot line equal to the minimum required front yard setback.
[Amended 9-27-2005 by Ord. No. 1856]
Q.
LOW INCOME HOUSING — Housing affordable according to Federal
Department of Housing and Urban Development or other recognized standards
for home ownership and rental costs, and occupied or reserved for
occupancy by households with a gross household income equal to 50%
or less of the median gross household income for households of the
same size within the housing region in which the housing is located,
and is subject to affordability controls.
A.
MAINTENANCE GUARANTEE — Any security which may be accepted
by the Town for the maintenance of any improvements required by this
ordinance, including but not limited to surety bonds, letters of credit
under the circumstances specified in § 5.05A.3, and cash.
B.
MAJOR SITE PLAN — Any site plan not classified as a minor site
plan.
C.
MAJOR SUBDIVISION — Any subdivision not classified as a minor
subdivision.
D.
MANUFACTURING — The production or assembly of articles or finished
products from previously refined raw material by giving them new forms,
qualities or compositions.
E.
MARKET-RATE DWELLING UNITS — Housing units not restricted to
low- and moderate-income households that may sell at any price determined
by a willing seller and a willing buyer.
[Added 6-6-2006 by Ord.
No. 1869]
F.
MASTER PLAN — A composite of one or more written or graphic
proposals for the development of the Town as set forth in and adopted
pursuant to N.J.S.A. 40:55D-28, as amended.
G.
MAXIMUM CONTINUOUS WALL LENGTH AT ZONING SIDE YARD — The maximum
continuous length for walls of a Building or Structure located adjacent
to a side yard property line shall be limited to 25 feet. For the
purpose of administering this provision, any exterior wall that is
offset in plane for a depth of two feet or greater shall be construed
as a separate wall. In addition, a minimum of 5% of the total square
footage of each sidewall is to be made up of windows.
[Amended 9-29-2009 by Ord. No. 1941]
H.
MEDIAN INCOME — The level of income where 1/2 the persons having
income are below that level and 1/2 the persons having income are
above that level.
J.
MINOR SITE PLAN — A development plan of one or more lots which:
[Amended 6-6-2017 by Ord.
No. 2082]
1.
Is limited to the following where no new variances are required:
2.
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; and
3.
Contains the information reasonably required in order to make an
informed determination as to whether the requirements established
by this ordinance for approval of a minor site plan have been met.
K.
MINOR SUBDIVISION — A subdivision of land that does not involve:
L.
MOBILE STORAGE STRUCTURES — Any assembly of materials which
is so designed, constructed or reconstructed to make it portable and
capable of movement from one site to another, designed to be used
without a permanent foundation, having the purpose of storing tangible
property and not for occupancy by persons, and having only one dimension
exceeding 10 feet. The following shall not be considered to be included
within the aforesaid definition:
1.
The loading, unloading or parking of any mobile storage structure
commonly known as a truck trailer which is properly registered under
the laws of any state as a motor vehicle, provided the parking, loading
or unloading of said motor vehicle complies with all other provisions
of the State Law, the Town Code and this ordinance;
2.
The loading or unloading of mobile storage structures on industrial,
commercial or residential sites so long as said activity does not
exceed a forty-eight-hour period of time; and,
3.
The use of mobile storage structures for the disposal of waste materials
by a contractor licensed for such disposal services.
M.
MULTI-FAMILY USE; MULTI-FAMILY RESIDENCE — A use involving
three or more separate dwelling units in a building as the primary
use on one lot; a building devoted to such use.
[Amended 5-11-1999 by Ord. No. 1734]
N.
MULTI-FAMILY ZONE — Any of those zones set forth in Article
11 of this ordinance and known as the RA-1, RA-2, RA-3, RA-4, RA-5A,
RA-5B, NS-AMFH, NA-AH and RA-5C zone districts.
[Amended 12-16-2014 by Ord. No. 2030]
O.
MUNICIPAL AGENCY — The Town Planning Board, Board of Adjustment,
or the Town Council when acting pursuant to this ordinance and any
agency created by this ordinance that is acting pursuant to this ordinance.
P.
MUNICIPAL USE — Any use by the Town of Westfield of any property
owned or leased by it.
Q.
NONCONFORMING BUILDING OR STRUCTURE — A building or structure
the size, dimension or location of which was lawful prior to the adoption,
revision or amendment of a zoning regulation of the Town of Westfield
but which fails to conform to the requirements of the zoning regulations
by reason of such adoption, revision or amendment to the regulations.
R.
NONCONFORMING LOT — A lot of record, the area, dimension or
location of which was lawful prior to the adoption, revision or amendment
of a zoning regulation of the Town of Westfield but which fails to
conform to the requirements of the zoning regulations by reason of
such adoption, revision or amendment to the regulations.
S.
NONCONFORMING USE — A use or activity which was lawful prior
to the adoption, revision or amendment of a zoning regulation of the
Town of Westfield but which fails to conform to the requirements of
the zoning regulations by reason of such adoption, revision or amendment
to the regulations.
T.
NON-PROFIT CHARTER MEMBERSHIP ORGANIZATION — Any organization,
whether incorporated or otherwise, which is not for profit and which
is organized for the benefit of its members or for the public or for
charitable purposes, but shall not include hospitals, clinics or out-patient
clinics or dispensaries whose principal function is the providing
of nursing or convalescent care, the furnishing of narcotic, drug
or alcohol abuse treatment, or the performance of any extensive medical
treatment or procedure.
U.
NON-RESIDENTIAL USE — A use which is designed or intended for
any purpose other than as a dwelling unit.
V.
NON-RESIDENTIAL ZONE — Any of those zones set forth in Article
11 of this ordinance and known as the C, CBD, GB-1, GB-2, GB-3, 0-1,
0-2, 0-3, P-1, and P-2 zone districts.
W.
NORMAL GRADE — The newly established grade after construction,
exclusive of any filling, berming, mounding, excavating, curbing,
retaining wall or other feature that alters the grade at the perimeter
of the structure from the grade in the general vicinity of the structure.
In the event that construction includes such filling, berming, mounding,
excavating, curbing, retaining wall or other feature which so alters
the grade, normal grade shall be construed to be the grade that would
exist without such features.
[Added 12-14-2004 by Ord.
No. 1843]
A.
OBLIGOR — A person who binds himself to another by contract
or legal agreement.
B.
OCCUPANCY — The residing of a person or persons in a dwelling
unit overnight or the installation, storage or use of equipment, merchandise
or machinery in any commercial, public or industrial building. Also,
the specific purpose for which land, building or structure is used,
designed or maintained and when so used is the same as the use.
C.
OFFICIAL MAP — A map adopted pursuant to N.J.S.A. 40:55D-32 et seq. as amended and meeting the requirements of Article 20 of this ordinance.
D.
OFF-SITE — 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 contiguous portion of a street
or right-of-way.
E.
OFF-STREET — Not located within the street right-of-way.
F.
OFF-TRACT — Not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
G.
ON-SITE — Located on the lot in question.
H.
ON-TRACT — Located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
I.
OPERABLE MOTOR VEHICLE — A motor vehicle which in its then
existing condition can be moved under its own power from place to
place on a public highway without violating any provision of N.J.S.A.
39:1 et seq. by doing so.
J.
ORIEL WINDOW — Same as Bay Window.
K.
OWNER — Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be processed for development under this ordinance.
A.
PARAPET — A projection of the outer wall of a building above
the roof, usually on the front facade.
B.
PARKING AREA — An open area, other than a street or other public
road or way, used for the parking of motor vehicles, including access
drives or aisles for ingress and egress thereto and therefrom.
D.
PARTIAL
DESTRUCTION — Any destruction of 75% or less of the area or
volume, whichever is more restrictive, of the whole building or structure
at the time of the partial destruction.
[Added 11-10-2020 by G.O. No. 2197[1]]
E.
PATIO — A structure of wood, masonry, metal, stone, asphalt,
or other substance, without a roof, the floor level of which is one
foot or less above average surrounding grade, used for recreational
purposes and is an accessory use.
F.
PERFORMANCE GUARANTEE — Any security, which may be accepted
by a municipality, including but not limited to surety bonds, letters
of credit under the circumstances specified in S 5.05A.3, and cash,
in lieu of a requirement that certain improvements be made before
the Board or other agency grants final approval of a subdivision plat,
site plan or zoning variance.
G.
PERSON — Any person, individual, business entity, partnership,
association, corporation, company or organization of any kind or nature.
H.
PERSONAL SERVICES — Services involving the care of a person
or his or her personal goods or apparel.
I.
PET
CARE FACILITIES — A building, structure, or portion thereof
designed or used for daycare or overnight boarding, training, grooming
of dogs, cats or other household domestic animals, and may offer services
such as retail sales of pet care supplies and food and dog-walking.
[Added 9-8-2020 by G.O. No. 2187[2]]
J.
PLANNED DEVELOPMENT — See Residential Cluster Development.
K.
PLANT NURSERY — Same as a garden center, except with the added
feature that plants are grown on the site.
L.
PLAT — The map or maps of a subdivision.
M.
PORTABLE ON-DEMAND STORAGE (PODS) STRUCTURE — Any container,
storage unit, shed-like container or other portable structure that
can or is used for the storage of personal property of any kind and
which is located for such purposes outside an enclosed building other
than an accessory building or shed complying with all building codes
and land use requirements.
[Amended 10-12-2010 by Ord. No. 1965]
N.
PORCH — An above grade open or enclosed structure attached
to or accessible from the principal building or structure, having
a roof, and having more than 35 square feet in area. A porch is considered
as part of the principal building or structure.
O.
PRELIMINARY APPROVAL — The conferral of certain rights pursuant
to § 8.10 prior to final approval after specific elements
of a development plan have been agreed upon by the Board and the applicant.
P.
PRELIMINARY PLAT — The preliminary map indicating the proposed
layout of the subdivision which is submitted to the Town for Board
consideration and preliminary approval and meeting the requirements
of this ordinance.
Q.
PRELIMINARY SITE PLAN — The preliminary development plan indicating
the proposed layout of the site which is submitted to the Town for
Board consideration and preliminary approval and meeting the requirements
of this ordinance.
R.
PREMISES — The particular lot or lots being considered, including
everything thereon.
S.
PRINCIPAL BUILDING OR STRUCTURE — A building or structure devoted
to the principal use on a lot.
T.
PRINCIPAL USE — The primary or predominant use of a lot.
U.
PROFESSIONAL OFFICE — The office of a member of a recognized
profession maintained for the conduct of that profession. A recognized
profession shall be limited to the professions of human medicine,
law, dentistry, architecture, city planning, surveying, engineering,
accounting and such similar professions which require a comparable
degree of formal education and experience.
V.
PUBLIC AREA — Public parks, playgrounds, trails, paths and
other recreational areas; other public open spaces; publicly owned
scenic and historic sites; sites for schools and other public buildings
and structures.
W.
PUBLIC PARK — A building, structure, lot or land owned or operated
by the Town of Westfield or a department thereof or any other governmental
agency and which is open to use by the general public, whether free
of charge or otherwise, and which is primarily devoted to recreational
or open space use.
X.
PUBLIC UTILITY FACILITY, RESIDENTIAL TYPE — Any use meeting
the general definition of "public utility" as set forth in the definition
section of N.J.S.A. 48:2-13 et seq., which is contained in a building
no greater than 15 feet in height and, if not contained in a building,
involving structures no greater than 38 feet in height except as may
be specifically permitted otherwise by this ordinance, and otherwise
meeting the requirements for lot size, coverage, setbacks, etc. provided
for the zone in which it is located, except where more stringent requirements
are imposed herein which shall control. Notwithstanding the above,
the following uses shall not be construed to be residential type public
utility facility uses for purposes of administering this ordinance:
1.
Bus or autobus, trolley railroad, street railway, traction railway,
charter bus, or special bus terminal, parking facility, storage or
maintenance facility;
2.
Electric substation;
3.
Natural gas transmission pumping facility or pressure reduction facility;
4.
Any facility relating to the collection, transfer, processing, storage
or disposal of solid waste or vehicles engaged in the collection of
solid waste except such facilities operated by the Town of Westfield;
and
5.
A hazardous waste site or any facility relating to the storage, transfer
processing or disposal of hazardous waste.
Y.
PUBLIC UTILITY FACILITY, INDUSTRIAL TYPE — Any use meeting
the general definition of "public utility" as set forth in the definition
section of N.J.S.A. 48:2-13 et seq., and which does not meet the definition
of "Residential Type Public Utility Facility" herein.
A.
RESEARCH FACILITIES — An office or facility for conducting
research, engineering and development in the physical or biological
sciences with the objective of creating end products and any administrative
office associated therewith. Such facilities shall be of a type that
do not include any activities that create noise, dust, smoke, odor,
glare, flashes, vibration, shock waves, heat, electronic or atomic
radiation, objectionable effluent, unusual risks of fire or explosion
or activities otherwise prohibited by law or ordinance and shall not
cause electrical, visual, or audible interference in any radio or
television receivers or transmitters located off premises or cause
fluctuations in line voltage off premises.
B.
RESIDENCE — A residence is one or more rooms comprising living
accommodations designed and used for occupancy by one family living
together as a single housekeeping unit and usually containing sanitary,
sleeping, and kitchen and dining facilities, fixed or portable.
[Amended 9-29-2009 by Ord. No. 1941]
C.
RESIDENCE, MULTIFAMILY — A building or portion thereof, designed
exclusively for occupancy by three or more families living independently
of each other in individual residences.
[Amended 9-29-2009 by Ord. No. 1941]
D.
RESIDENTIAL CLUSTER DEVELOPMENT — A contiguous or noncontiguous
area to be developed as a single entity according to a plan containing
residential housing units which have a common or public open space
area as an appurtenance.
F.
RESIDENTIAL ZONE — Any of those zones set forth in Article
11 of this ordinance and known as the RS-40, RS-24, RS-16, RS-12,
RS-10, RS-8, RS-6, RM-12, RM-8, RM-6, RM-6D, RA-1, RA-2, RA-3, RA-4,
RA-5A, RA-5B, NS-AMFH, NA-AH and RA-5C zone districts.
[Amended 12-16-2014 by Ord. No. 2030]
G.
RESTAURANT — A use or premises at which food is served to the
general public or to private groups for a consideration and having
more than 15 seats that can be used by patrons.
H.
RETAIL SALES — The sale of goods or merchandise to the general
public for personal or household consumption and the rendering services
incidental to the sale of such goods.
I.
RETAIL SERVICES — The rendering of services or entertainment,
as opposed to products, to the general public, such as theaters, amusement
and recreation services and facilities, studios for the instruction
of the arts, including dance studios, music, gymnastics, or martial
arts, museums and galleries and pet care facilities.
[Amended 6-6-2017 by Ord.
No. 2082; 9-8-2020 by G.O. No. 2187]
J.
ROOF PITCH — The slope of a roof usually expressed in inches
or feet of vertical rise per inch or foot of horizontal distance.
K.
ROW HOUSE — See Town House.
[Amended 8-3-2004 by Ord.
No. 1838]
A.
SCHOOL — Any building or structure used for educational or
instructional purposes and including not only the physical building
or structure, but also the organization conducting such education
or instruction therein, whether public or private, profit making or
non-profit.
B.
SCREENING — A method of visually shielding or obscuring one
abutting or nearby structure or use from another by fencing, walls,
berms, densely planted vegetation or combination thereof.
C.
SENIOR CITIZEN — A person at least 62 years of age.
D.
SENIOR CITIZEN HOUSING — Housing consisting of multiple dwelling
units which are designated and intended for occupancy by persons 62
years of age or over or handicapped/disabled and of low or moderate
income.
E.
SETBACK — The shortest straight-line distance between a building
or structure and the nearest property line.
F.
SHED — An unheated building, whether on a permanent or temporary
foundation, designed and intended for storage of items smaller in
size than an automobile, and accessory to the permitted use on the
premises, but not for storage of an automobile.
G.
SIDEWALK CAFE — A use accessory to a restaurant and characterized
by the following:
1.
The consumption of food by the public at tables located within that
more or less rectangular portion of the sidewalk which lies within
the area bounded by the public street, the principal facade, and the
imaginary perpendicular lines running from the outer edge of such
principal facade to the public street, and/or located upon private
property;
2.
Containing readily removable tables, chairs, temporary railings and/or
planters; and
3.
Unenclosed by fixed walls ceilings, or fences, except for retractable
awnings, removable barriers, umbrellas or other nonpermanent enclosures.
H.
SIGN — Any visible device, structure, object or part thereof, or device attached thereto or painted or represented thereon, for attracting attention, giving information, or for visual communication, or for purposes of enjoyment only, which displays or includes any letter, word, model, banner, flag, pennant, insignia, picture or device, representation or advertisement. The term "sign" shall also include movable signs such as those typically affixed to trucks or other commercial vehicles for the purpose of advertising or announcing ownership, or the product or service offered by the owner or operator. The term "sign" shall also include lighting devices designed to attract attention. For the purposes of this ordinance, the term "sign" shall not include "mural" or "public art" as those terms are defined in § 3-20 of Article III, Chapter 3 (entitled "Murals and Public Art"), of the Town Code, nor shall it include the flag, pennant, or insignia of any nation, group of nations, state, city or political unit.
[Amended 9-24-2019 by Ord. No. 2143]
I.
SIGN, ANNOUNCEMENT — A sign identifying an occupant of the
premises and his activity.
J.
SIGN, EXTERIOR — Any sign located outside of a building and
any sign located within a building when such sign is both: 1) visible
from outside the building and 2) located within 12 feet of the window
or door through which the sign is visible.
K.
SIGN, FREESTANDING — Any non-movable sign which is not affixed
to a building, but standing apart therefrom.
L.
SIGN, ILLUMINATED — A sign having a source of light, including
signs lighted internally, externally or by a combination of both,
as well as reflectorized, glowing and radiating signs.
M.
SIGN, INTERNALLY ILLUMINATED — Any sign which is illuminated
by a light source which transmits light through the sign face from
behind the sign face. The term "internally illuminated sign" shall
also include, but not be limited to, awnings which are translucent
or transparent and which meet the definition of signs and which are
illuminated from the rear.
N.
SIGN, OFFICIAL — Any sign, symbol or device erected and maintained
by a federal, state, county or local government agency for the purpose
of informing, guiding or protecting the public.
O.
SIGN,
PROJECTING — A sign attached to an projecting from the wall
of a building and not in the same plane as the wall.
[Added 11-12-2019 by G.O. No. 2151[1]]
P.
SIGN, TEMPORARY — A sign which may be displayed for a limited
period of time, as hereinafter provided.
Q.
SIGN, WALL — A sign which is affixed to or painted on an exterior
wall of a building.
R.
SINGLE-FAMILY RESIDENCE — A building consisting of only one
dwelling unit within said building.
S.
SINGLE OWNERSHIP — Ownership of a single lot by one person
or by two or more persons owning such lot in any form of ownership.
See also the definition of "Common Ownership" in this article.
T.
SITE — The lot in question.
U.
SITE PLAN — A development plan of one or more lots on which
is shown:
1.
The existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, flood plains,
marshes and waterways;
2.
The location of all existing and proposed buildings, drives, parking
spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
3.
Any other information reasonably necessary and required in order
to make an informed determination pursuant to this ordinance.
V.
SITE PLAN COMMITTEE — A committee of at least three Planning
Board members appointed by the Chairman of the Board for purposes
of reviewing site plans for a report back to the entire Board and
such other duties relating to land development which may be conferred
on this committee by the Board and the Board's by-laws.
W.
SKETCH PLAT — An informal and conceptual map of a proposed
subdivision or site plan of sufficient accuracy to be used for the
purpose of discussion and classification.
A.
STAIRS — A series of steps to pass from one level to another
including platforms or landings.
B.
STAIRWELL — A portion of a building or structure designed and
used to contain stairs connecting two or more levels.
C.
STORAGE — The placement of materials in a location for preservation
or later use, or for disposal at an off-site location.
D.
STORY — That portion of a building or structure included between
the surface of any one floor and the surface of the next floor above
it or, if there is no floor above such floor, then "story" shall be
that portion of the building or structure included between the surface
of any floor and the ceiling next above it. A basement shall be considered
as a story where the finished surface of the floor above the basement
is:
More than four feet above the average grade elevation;
More than four feet above the finished grade for 50% or more
of the total building perimeter; or
More than 10 feet above the finished ground level at any point.
[Amended 9-29-2009 by Ord. No. 1941]
E.
STREET — Any avenue, boulevard, road, parkway, viaduct, drive
or any other way which:
1.
Is an existing state, county or municipal roadway;
2.
Is shown upon a plat heretofore approved pursuant to law;
3.
Is approved by official action as provided by this ordinance; or
4.
Is shown on 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.
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The term "street" includes the land between the street lines,
whether improved or unimproved, and which may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
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F.
STREET SIDELINE — A street sideline is the outermost line of
the whole area devoted to street purposes on either side thereof.
Street sideline is synonymous with street right-of-way line.
G.
STRUCTURE — 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.
H.
SUBDIVISION — The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The term "subdivision" shall also include
the term "resubdivision". The following shall not be considered subdivision
within the meaning of this ordinance, if no new streets are created:
1.
Divisions of land found by the Planning Board or Subdivision Committee
to be for agricultural purposes where all resulting parcels are five
acres or larger in size;
2.
Divisions of property by testamentary or intestate provisions;
3.
Divisions of property by court order, including but not limited to
judgments of foreclosure;
4.
Consolidation of existing lots by deed or other recorded instrument;
and
5.
The conveyance of one or more adjoining lots, tracts or parcels of
land owned by the same person or persons and all of which are found
and certified by the Zoning Officer to conform to the requirements
of this ordinance and are shown and designated as separate lots, tracts
or parcels on the tax map or atlas of the Town.
I.
SUBDIVISION COMMITTEE — A committee of at least three Planning
Board members appointed by the Chairman of the Board for the purpose
of classifying subdivisions in accordance with the provisions of this
ordinance, reviewing subdivisions and such other duties relating to
land subdivision which may be conferred on this Committee by the Board
and the Board's by-laws.
J.
SWIMMING POOL — A structure located either above ground or
below ground, and inside or outside of a building and designed for
recreational use for swimming, diving, wading, or other aquatic sports
and recreation.
[Amended 5-9-2023 by G.O. No. 2023-19]
A.
TOWNHOUSE — A building containing more than two dwelling units
each on separate lots arranged with common side lot lines and sidewalls
of the dwelling units within the building.
B.
TRACT — A lot or lots which are the subject of a development
application, and including contiguous portions of the street right-of-way.
C.
TRANSCRIPT — The typed or printed verbatim record of the proceedings
or reproduction thereof.
D.
TWO-FAMILY RESIDENTIAL USE — A use characterized by and limited
to two dwelling units in a building on a single lot.
E.
VARIANCE — Permission granted by formal action of the Board
after a hearing to depart from the literal requirements of the zoning
regulations of this ordinance, pursuant to the provisions of the Municipal
Land Use Law. There are two types of variances, "C" variances and
"D" variances, as defined herein.
F.
VENDING MACHINE — Any apparatus designed to directly sell goods
and which receives coins, tokens, electromagnetic purchasing cards
or other commodity in return for such goods, or accepts credit for
such goods.
G.
WADING POOL — An aboveground or in-ground structure containing
less than 18 inches of water and intended to be used for recreational
purposes by humans.
H.
WAIVER — Permission granted informally by the Zoning Officer
in some cases, or by formal action of the Board or a committee of
the Board to who such power has been delegated, to depart from the
requirements of this ordinance with respect to the submission of required
documents.
I.
WALL, FREESTANDING — An exterior solid upright structure which
is self-supported on the ground directly below it on a foundation,
and having a length is much greater than its thickness, and intended
to enclose, protect, divide, or screen a space.
J.
WALL, RETAINING — An exterior, solid, upright supporting structure
having a higher ground on one side than the other and designed and
intended to create a vertical or near vertical change in grade.
K.
WAREHOUSE — A building used primarily for the storage of goods
and materials.
L.
WETLANDS, FRESHWATER — An area that is inundated or saturated
by surface water or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
M.
WHOLESALE SALES — A use primarily involving the sale of merchandise
to retailers; to industrial, commercial, institutional, or professional
business users; to other wholesalers; or acting as agents or brokers
buying merchandise for, or selling merchandise to, such individuals
or companies.
N.
YARD — A space located between a lot line and the nearest principal
building or structure on said lot. For purposes of determining compliance
with this chapter, the dimensions of all yards required by this ordinance
shall be measured perpendicular to the lot line. The following figure
illustrates sample yards as defined by this chapter (the yards depicted
are actual yards, not required yard setbacks):
[Amended 11-21-2006 by Ord. No. 1878]
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O.
YARD, FRONT — On interior lots and corner lots, a space extending
across the full width of any lot and lying between the front lot line
and the adjacent elevation line of the nearest principal building
or principal structure located on said lot.
[Amended 11-21-2006 by Ord. No. 1878]
|
On through lots, there are two or more front yards, depending
upon the number of front lot lines, defined as follows:
|
1.
One front yard is a space extending across the full width of the
lot and located between the principal building and the front lot line
closest to the principal building.
2.
The other front yard(s) is/are a space or spaces extending across
the width of the lot and located between the other front lot line(s)
and the required setback line from such other front lot line(s).
P.
YARD, REAR — On interior lots, a space extending across the
full width of any lot and lying between the rear lot line and the
adjacent elevation line of the nearest principal building or principal
structure located on said lot. On corner lots, a space extending between
the side lot line and the street side yard, and between the rear lot
line and the principal building or structure. On through lots, a space
located between the front yard defined in § 2.17O.2 above
and the adjacent elevation line of the nearest principal building
or principal structure located on said lot.
[Amended 11-21-2006 by Ord. No. 1878]
Q.
YARD, SIDE — A space located between the front yard and rear
yard on a lot, and between the side lot line(s) and the adjacent elevation
line of the nearest principal building or principal structure located
on said lot. On a through lot, a space located between the front yard
defined in § 2.17O.1 above and the rear yard, and between
the side lot line and the principal building on the lot.
[Amended 11-21-2006 by Ord. No. 1878]
R.
YARD, STREET SIDE — A space on a corner lot located between
the front yard and rear lot line on the lot, and between the street
side lot line and the adjacent elevation line of the nearest principal
building or principal structure located on said lot. On corner lots
that are also through lots, a space located between the front yard
defined in § 2.17O.1 above and the front yard defined in
§ 2.17O.2 above, and between the street side lot line and
the adjacent elevation line of the nearest principal building or principal
structure on the lot.
[Amended 11-21-2006 by Ord. No. 1878]
S.
ZONE OR ZONE DISTRICT — A geographical area of the Town of
Westfield specifically set aside for a particular use or group of
uses and requiring specific lot dimensions or land area.
T.
ZONING APPROVAL — Approval by the Zoning Officer of an application
for development, use or utilization of property and certifying compliance
of the application with the provisions of this ordinance.
U.
ZONING OFFICER — An officer and employee of the Town designated
by the Town Council of the Town of Westfield to administer this Land
Use Ordinance.
V.
ZONING REGULATIONS — The regulations contained in Articles
11 through 19 of this ordinance.
