For the purposes of this chapter, certain phrases and words
are herein defined as follows: words used in the present tense include
the future; words in the singular number include the plural number
and vice versa; the word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the words "plot" and "premises"; the
word "structure" includes the word "building"; and the word "building"
includes the words "dwelling" or residence". The word "shall" is mandatory
and not discretionary and the word "may" indicates a permissive action.
Any word or term not defined herein shall be used with a meaning as
defined in Webster's Third New International Dictionary of the English
Language, unabridged (or latest edition). Moreover, whenever a term
is used in this Ordinance which is defined in N.J.S.A. 40:55D-1 et
seq., such term shall have the meaning in the Statute.
[Ord. No. 20-1993; Ord. No. 26-1996 § 1; Ord. No. 23-1997 § 1; Ord. No. 6-2001 §§ I—III; Ord. No. 29-2003; Ord.
No. 8A-2004; Ord. No. 7-2005; Ord. No. 16-2005; New; Ord. No. 15-2013; Ord.
No. 07-2017 § 1]
shall mean a separate and subordinate building, on the same
lot with a principal structure or a portion of a principal structure,
occupied or devoted exclusively to an accessory use, whether or not
said accessory building has a foundation. Where an accessory building
is attached to a principal structure by any means, such accessory
building shall be considered part of the principal structure for the
purposes of determining setback requirements.
shall mean a separate and subordinate structure, on the same
lot with a principal structure or a portion of a principal structure,
devoted exclusively to an accessory use, whether or not said accessory
structure has a foundation. Where an accessory structure is attached
to a principal structure by any means, such accessory structure shall
be considered part of the principal structure for the purposes of
determining height and setback requirements.
shall mean 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 as the principal use.
shall be the designated municipal official charged with administering
land development regulations.
shall mean any establishment having as a part of its stock-in-
trade, books, magazines, photographs, pictures, films, devices, newspapers,
recordings, periodicals or any other item or paraphernalia that are
distinguished or characterized by their emphasis on matter depicting,
describing, or relating to sexual activities or anatomical genital
areas, human or animal, in an obscene manner or for obscene purposes.
For the purposes of this chapter, an adult bookstore shall not be
considered a retail use.
shall mean an enclosed used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to sexual activities or anatomical genital areas, human or
animal, in an obscene manner or for obscene purposes. For the purposes
of this chapter, an adult motion picture studio shall not be considered
a retail use.
shall mean a condition or situation that creates, imposes,
aggravates or leads to inadequate, impractical, unsafe or unhealthy
conditions or situations on a site proposed for development or off-tract
property or facilities such as, but not limited to: circulation, drainage,
erosion, potable water, sewage collection and treatment. It may also
relate to lighting and glare, aesthetics, quality of life, and impact
on environment.
shall mean a municipal agency appointed by the Mayor with
confirmation of the Borough Council for the purpose of monitoring
the Borough's program for construction of low- and moderate-income
housing units in the Borough and which shall have such powers and
duties as may be conferred upon it by this chapter.
shall mean a building occupied as separate living quarters
with a maximum of 30 dwelling units with separate cooking, sleeping
and sanitary facilities. Each dwelling unit shall have its own entrance
and at least one of the primary occupants shall be 55 years of age
or older pursuant to bylaws, rules, regulations and restrictions of
record.
[Amended 5-19-2020 by Ord. No. 08-2020]
shall mean the cultivation of the soil and the raising and
harvesting of the products of the soil, including but not limited
to nursery, horticulture and forestry, whether for profit, private
or personal use.
shall mean all lands, premises and buildings upon, on or
in which plants, trees, shrubs or vines of any kind, whether for fruit,
shade or ornament, are grown for sale, transplanting or experimentation.
shall mean any change, addition or modification in the construction
or arrangement of a building or site.
shall mean any change in the supporting members of a building,
such as bearing walls, columns, beams, girders, as well as any change
in the size or location of doors, or windows or any addition to or
diminution of a building. This definition shall include a change in
use to a different use or to a use of greater intensity, enlargement
of a use, a conversion of a building or of a part thereof, or removal
of a building from one location to another on the same lot or a different
lot.
shall mean man-made trees, clock towers, bell steeples, light
poles and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
shall mean a developer submitting an application for development.
shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
shall mean original design documents, which have been certified
to reflect that the actual construction conforms to the documents
or modified to reflect actual construction.
shall mean an open, non-habitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
shall mean an attic which has a stairway as a means of access
and egress and in which the ceiling height must be a minimum of seven
(7) feet above at least fifty (50%) percent of the required area with
no portion of the ceiling less than five (5) feet in height and shall
have a minimum floor area of not less than seventy (70) square feet
and shall not be less than seven (7) feet in any horizontal dimension.
shall mean the use of any building, land area, or other premises,
for the display and sale of new or used automobiles generally, but
may include light trucks or vans, trailers, or recreational vehicles
and including any vehicle preparation or repair work conducted as
an accessory use.
shall mean any building, land area, or other premises or
portion thereof, used for the retail dispensing or sales of vehicle
fuels; servicing and repair of automobiles; and including as an accessory
use the sale and installation of lubricants, tires, batteries, and
similar vehicle accessories.
shall mean a reference plane representing the average of
finished ground level adjoining the building at exterior walls. Where
the finished ground level slopes away from the exterior walls, the
reference plane shall be established by the lowest points within the
area between the building and the lot line or, where the lot line
is more than six (6) feet from the building and a point six (6) feet
from the building.
shall mean the lines that connect a provider's towers/cell
sites to one or more cellular telephone switching offices and/or long
distance providers or the public switched telephone network.
shall mean that portion of the building that is partly or
completely below grade, but having more than one-half (1/2) its clear
height above the average grade of the adjoining ground and having
at least one means of egress directly to the exterior part of the
building. In a residential structure, a basement shall not be considered
a story.
shall mean a space with less than one-half (1/2) of its floor-to-ceiling
height above the average finished grade of the adjoining ground or
with a floor-to-ceiling height of less than six and one-half feet
(6Â 1/2). A cellar shall not be used as a dwelling unit.
shall mean a private room planned and intended for sleeping,
separated from other rooms by a door, and accessible to a bathroom
without crossing another bedroom.
shall mean in the case of landscaping, a graded, landscaped
mounding of earth.
shall mean in the case of roadway or similar construction,
a graded, unpaved area adjacent to the roadway pavement that will
function in an emergency as a paved shoulder.
shall mean a unit of land bounded by streets and public land,
railroad right-of-way, waterways, or any other barrier to the continuity
of a development.
shall mean the Planning Board or the Zoning Board of Adjustment
of the Borough of Roseland, as the case may be.
shall mean and include the definitions in Chapter IV, Section 4-6, of the Revised General Ordinances of the Borough of Roseland. For purposes of this chapter, a body piercing establishment shall not be considered a retail use.
[New]
See Guarantee.
shall mean the Borough of Roseland, Essex County, New Jersey.
shall mean the Administrator of the Borough of Roseland.
shall mean the Governing Body of the Borough of Roseland.
shall mean the municipal official designated by the Governing
Body as the Borough Engineer.
shall mean the Planner of the Borough of Roseland.
shall mean standard construction details available in the
office of the Borough Engineer.
shall mean a strip of land of specified width containing
natural woodlands, earth mounds, or other planted screening material.
shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
shall mean the aggregate of the maximum horizontal cross
section areas, excluding cornices, eaves and gutters, of all buildings
on a lot.
shall mean an area, generally described by building setback
lines, depicting the area within which the building(s) will be constructed.
(See Appendix A for illustration)
shall mean the horizontal area contained within the outer
dimensions of all buildings.
(See Height of Structure)
shall mean a line parallel to the street line touching that
part of a building closest to the street.
shall mean a building in which is conducted the principal
use of the lot on which it is located. (See Principal Structure)
shall mean that line that is the minimum distance from any
lot line and that establishes the area within which the principal
structure must be erected or placed.
shall mean the individual designated by the appointing authority
to enforce the provisions of the building code.
shall mean a bona fide nonprofit group organized for the
benefit and enjoyment of its members who shall be either (1) persons
having a business residence, i.e.: as owners, tenants or occupants,
of any building located in an OB Zone district in the Borough of Roseland,
or (2) residents of the Borough of Roseland. For the purpose of this
definition, a resident is defined as a person who has permanently
resided in the Borough of Roseland for a period exceeding three (3)
months and is eligible to vote in the general election.
shall mean self-supporting roofline structure without sides,
constructed of any material, permanently affixed to the wall of a
building and providing overhead protection from the weather at an
entrance to a building, which shall be construed to be part of the
building to which it shall be affixed, and is subject to all setback
requirements applicable to the building to which it is affixed. This
does not apply to roll-up types of fabric awnings.
shall mean a roofed structure providing space for the parking
of motor vehicles and enclosed on not more than three (3) sides.
shall mean the paved area of a street between the curbs,
including travel lanes and parking areas but not including shoulders,
curbs, sidewalks, or swales.
shall mean a certificate issued by the Construction Code
Enforcement Official upon completion of construction, alteration or
change in occupancy of a building, acknowledging compliance with all
requirements of this ordinance, with any adjustment thereto granted
by the Board of Adjustment, and that the construction is in accordance
with the plans and specifications filed with the Construction Code
Enforcement Official, and meets conditions of any site plan approval
and building permit.
shall mean a written statement by the appropriate officer
that required constructions, inspections, tests, or notices have been
performed and comply with applicable requirements.
shall mean the use of a building or land, which is in any
manner different from the previous permitted use by way of function,
operation, extent, products sold or manufactured, or external impacts
and which would either have different parking requirements from the
previous permitted use of the premises and/or increase the intensity
of the use and create a parking demand which exceeds the available
number of on-site parking spaces. Change in ownership or occupancy
of a permitted existing building or portion thereof, which does not
alter or expand the use of the premises nor in any way increase the
parking requirements for same as determined by the appropriate Administrative
Officer for the Borough, shall not be considered to be a change in
use.
shall mean a watercourse with a definite bed and banks that
confine and conduct the normal continuous or intermittent flow of
water.
shall mean any facility for the care of children during normal
business hours for which license is required from the Department of
Human Services.
shall mean a building or structure, or groups of buildings
or structures that by design and construction are primarily intended
for conducting organized religious services and associated accessory
uses. For the purposes of this ordinance, the word church shall include
chapels, congregations, cathedrals, temples, and similar designations
as well as rectories, parish houses, and convents.
shall mean systems, structures, and physical improvements
for the movement of people, goods, water, air, sewage, or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits, and the handling of people and goods by such means
as terminals, stations, warehouses and other storage buildings or
transshipments points.
shall mean a triangular shaped area established at street
intersections in accordance with the requirements of this chapter,
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to obstruct vision between a height of two and
one half (2Â 1/2) feet and eight (8) feet above the centerline
grade of either intersecting street.
shall mean placing more than one exterior transmitting or
receiving device on one physical structure at one location.
shall mean any commercially registered vehicle except a passenger
car with no advertising matter exposed to view. Vehicles normally
associated with a commercial use, but not registered as a commercial
use, shall be deemed commercial vehicles.
shall mean open space, buildings, structures, recreational
facilities, utilities, and other improvements owned by and/or operated
for the benefit of the residents in common, including but not limited
to swimming pools, tennis courts, building structures, and entries,
roads, drainage systems, pedestrian and bicycle pathways, and other
facilities.
shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use and enjoyment of residents
and owners of the development.
shall mean ownership by one (1) or more individuals in any
form of ownership of land and/or real improvements.
shall mean the informal review of a plan for development
that carries no vesting rights or obligations on any party.
shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specific location will comply
with the conditions and standards for the location and operation of
such use as contained in this chapter and upon the approval of a Development
Plan by the Planning Board.
shall mean a form of ownership of real property under a master
deed providing for ownership by one (1) or more owners of units of
improvements together with an undivided interest in common elements
appurtenant to each such unit and created and established pursuant
to the provisions of the New Jersey Condominium Act (N.J.S.A. 46:8B-l
et seq.).
shall mean the removal of lot lines between contiguous parcels.
shall mean the municipal official designated by the Borough
Council to enforce the Uniform Construction Code.
shall mean a small retail business that stocks a range of
everyday items such as groceries, snack foods, confectionery, soft
drinks, tobacco products, prepackaged food products such as sandwiches,
household items, over-the-counter drugs, toiletries, newspapers, and
magazines. Convenience stores may contain countertop appliances, food-warmers
or heat lamps for the purpose of heating or reheating food but no
stoves or ovens (other than microwave ovens) for the purpose for cooking
food are permitted. No food products shall be made-to-order. All food
products including sandwiches shall be prepackaged.
[Ord. No. 07-2017 § 1]
shall mean development other than planned development.
shall mean an open space, unobstructed from the ground to
the sky, that is bounded by two (2) or more sides by the walls of
a building that is on the same lot.
shall mean the area occupied by all buildings on a lot measured
on a horizontal plane around the periphery of the foundations and
including the area under the roof of any structure supported by columns,
but not having walls, as measured around the outside of the outermost
extremities of the roof above the columns.
shall mean the area occupied by all buildings and structures,
including patios, pools, sidewalks, gravel and paved driveways and
other impervious surfaces.
shall mean the officially established grade of the curb in
front of the mid-point of the lot, or in the absence of an officially
established curb level, the mean level of any existing curb or of
the lot at the street line.
shall mean the date of adoption of a resolution memorializing
an action by the Board.
shall mean calendar days.
shall mean diameter of a tree trunk measured at breast height
three feet six (3' 6") inches above ground level.
shall mean the permitted number of dwelling units per gross
area of land to be developed.
shall mean 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.
shall mean the division of a parcel of land into two (2)
or more parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to this
chapter.
shall mean a study containing detailed information to determine
the potential direct or indirect effects of a proposed development
on activities, utilities, circulation, surrounding land uses, community
facilities, environment, infrastructure, and other factors.
shall mean the application form and all accompanying documents
required by ordinance for consideration by the Board for approval.
A Development Plan includes a minor subdivision, major subdivision,
site plan, conditional use, request for variance relief or issuance
of a permit, or any combination of these terms.
shall mean the removal of surface water or ground water from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen nonpoint pollution, to maintain the integrity of stream
channels for their biological functions as well as for drainage, and
means necessary for water supply preservation or prevention or alleviation
of flooding.
shall mean the lands required for the installation of storm
sewers 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. 58:1A-1 et seq.
shall mean a private roadway providing access to a garage,
dwelling, street or highway, or other structure.
shall mean one or more rooms, designed, occupied, or intended
for occupancy as a separate living quarter, with cooking, sleeping
and sanitary facilities provided within the dwelling unit for the
exclusive use of a single family maintaining a household.
APARTMENTshall mean a dwelling unit located on one (1) or more floors of a building containing similar units, adjoining said similar units above, below or to the side, which units may share in common facilities, such as entryways, hallways and utility systems.
DETACHED SINGLE FAMILYshall mean a building containing one (1) dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space.
DUPLEXshall mean a building containing two (2) single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
GARDEN APARTMENTshall mean a building or group of buildings situated on one (1) lot and containing separate dwelling units for not less than six (6) families serviced by such common facilities as parking, recreation, storage and laundry.
MULTIPLE FAMILYshall mean a building containing two (2) or more dwelling units, including units that are located one over the other.
TOWNHOUSEshall mean a one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
A building consisting of more than two attached single-family
residences, each with separate outside access and separated by either
vertical, horizontal or both vertical and horizontal construction.
[Added 5-19-2020 by Ord.
No. 08-2020]
shall mean an apparatus, building or structure which is designed
for the purposes of receiving television, radio, microwave, satellite
or similar signals in connection with what is commonly referred to
as dish type antennas.
shall mean the grant of one (1) or more of the property rights
by the property owner to and/or for use by the public, a corporation,
or another person or entity.
shall mean an electronic device that can be used to deliver
nicotine or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo
or pipe.
[Added 9-17-2017 by Ord.
No. 20-2019]
shall mean the Borough of Roseland Environmental Commission,
a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et
seq.
shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
shall mean the off-tract change resulting from the implementation
of a development plan relating to, but not limited to, such items
as traffic, drainage, light, noise, etc.
shall mean one (1) or more related but not more than four
(4) unrelated persons, occupying a dwelling unit as a single nonprofit
housekeeping unit.
shall mean any private residence approved by the Division
of Youth and Family Services in which childcare services are regularly
provided for not less than three (3) nor more than five (5) children
for at least fifteen (15) hours per week. Children legally related
to the provider or being cared for under a cooperative agreement where
no payment is received shall not be included in the total number of
children.
shall mean the Federal Aviation Administration.
shall mean the Federal Communications Commission.
shall mean that portion of the flood plain outside of the
floodway or encroachment lines.
shall mean the flood plain consisting of the floodway and
the flood fringe area.
shall mean the flood used in State Adopted Flood Studies.
It is the flood resulting from the 100-year flood discharge increased
by twenty-five (25%) percent.
shall mean the elevation of the flood hazard area design
flood.
shall mean a map prepared by the Department of Environmental
Protection showing the channel, floodway and flood fringe area, or,
in the event such map has not been prepared, maps showing the flood
hazard area.
shall mean the area inundated by the regulatory flood including
the watercourse that creates it.
shall mean the channel and portions of the floodplain adjoining
the channel, which are reasonably required to carry and discharge
the regulatory flood. For the purposes of this chapter the term floodway
shall refer to both the delineated floodway on State Adopted Studies
and the area between the encroachment lines located on both sides
of a non-delineated watercourse.
shall mean the gross area of all floors computed by using
the dimensions of the outside walls of each floor of a building. Only
those areas having five (5) feet or more of clear head room with completed
floors, ceilings and partitions may be considered in computing the
second floor area of a one and one-half (1Â 1/2) story house and
at least one-half (1/2) of the included second floor area shall have
a minimum ceiling height of seven feet six (7' 6") inches. Cellars,
porches, balconies, patios, terraces, breezeways, carports, verandas
and garages are excluded, as is enclosed parking for a nonresidential
use except that enclosed porches and patios which are heated and used
year-round shall be counted in computing the floor area.
shall mean the gross floor area of all buildings or structures
on a lot divided by the total area of the lot.
shall mean a structure that is accessory to a residential
building and that is used for the parking and storage of passenger
vehicles and not more than one (1) commercial vehicle with a rated
capacity not exceeding eight thousand five hundred (8,500) GVW, owned
and operated by the residents thereof and that is not a separate commercial
enterprise available to the general public.
shall mean a structure, or portion thereof, other than a
private customer and employee garage or private residential garage,
used primarily for the parking and storage of vehicles and available
to the general public.
shall mean the Borough Council of the Borough of Roseland.
shall mean: (1) the average elevation of the ground surface,
(2) the slope of a road, path, swale or other surface, expressed as
a percentage.
shall mean any stripping, cutting, filling, stockpiling or
combination thereof of earth or land, including the land in its cut
or filled condition, to create new grades.
shall mean the number of dwelling units per acre of land
in a total tract area.
shall mean any security, which may be accepted by the Borough
including, without limitation, cash, letter of credit, or a surety
bond underwritten by an insurance company licensed to do business
in the State of New Jersey and in a form approved by the Borough Council.
shall mean any materials classified as hazardous by the New
Jersey Department of Environmental Protection, and also, including
other materials requiring special handling or disposal methods if
so designated by NJDEP.
shall mean the maximum vertical distance of a building measured
from the average established grade plane as defined in this section:
(1) to the highest point of the roof's surface if a flat surface;
or (2) to the deck of a mansard roof; or (3) to the highest point
of a hip and gable roof peak or ridge: and in any event excluding
chimneys, cooling towers, elevator bulkheads, tanks, water towers,
radio towers, ornamental cupolas, domes or spires not exceeding ten
(10) feet in height, and parapet walls, not exceeding three (3) feet
in height. (See diagram)
 |
shall mean, when referring to a tower or other structure,
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure, including the
base pad and any antenna.
shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing of
historical, archeological, cultural, scenic or architectural in significance,
that has been so designated by a Federal, State, or local landmarks
and Historic District Commission.
shall mean any use customarily conducted for profit entirely
within a dwelling and carried on by the inhabitants thereof, which
use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, and does not change the character thereof,
provided that no article is sold or offered for sale to the public,
except such as may be produced by members of the immediate family
residing in the dwelling; and provided, further, that no machinery
or equipment used will cause electrical or other interference with
radio and television reception in adjacent residences, or cause offensive
noise or vibration. Such activities as clinics, hospitals, barber
shops, beauty parlors, tea rooms, tourist homes, animal hospitals,
nursery schools, and music or dancing schools other than for individual
instruction shall not be deemed home occupations under the terms of
this chapter.
shall mean a community association, including a condominium
association, that is organized in a development in which individual
owners share common interests and responsibilities for costs and upkeep
of common open space or facilities.
shall mean a consultant or municipal employee, who may also
hold other positions with the Borough, retained by the Borough Council
for the purpose of administering and coordinating the affordable housing
provisions of this chapter and who shall have such duties and responsibilities
as herein set forth.
shall mean the projected or measured effect of a proposed
development on a public facility or service, on the natural environment,
on the fiscal balance of the Borough, its school districts and/or
other local public agencies.
shall mean any activity conducted in connection with the
manufacture, assembly, disassembly, fabrication or processing of materials
or products, all of which is marketed off the premises to the ultimate
consumer.
shall mean (a) in a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and (b) 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 rights to use, acquire, or enjoy property is
or may be affected by any action taken under this chapter or under
any law of this State or of the United States, or whose rights to
use, acquire, or enjoy property under this chapter or under any Law
of this State or the United States have been denied, violated or infringed
by an action or a failure to act under this chapter.
shall mean the location where two (2) or more roadways cross
or meet at grade without a bridge.
shall mean any scrap, waste, reclaimable material or debris,
whether or not stored, for sale or in the process of being dismantled,
destroyed, processed, salvaged, stored, baled, disposed, or other
use or disposition.
shall mean any area, lot, land, parcel, building, or structure,
or part thereof, used for storage, collection, processing, purchase,
sale, salvage, or disposal of junk.
shall mean a commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained, or sold, all
for a fee or compensation.
shall mean an activity which involves the assembly of products
from previously prepared materials and which does not involve the
synthesis of chemicals or the processing of raw materials. Specifically
not included in the term "light industrial" are the following uses
and activity, which are specifically prohibited in all zones in the
Borough:
Processing, packaging or handling of highly inflammable or
explosive materials; slaughterhouses; rendering plants devoted to
the rendering or refining of animal fats and oils; creosote, creosote
products, coal tar or coal tar products manufacturing; incinerator
or dump; yeast plant; junk yard or automobile graveyard; the storage
of crude oil or any of its volatile products or any highly inflammable
liquids or gas in aboveground tanks with individual capacities greater
than five hundred fifty (550) gallons and with total capacities greater
than one thousand one hundred (1,100) gallons; the manufacture and
storage of illuminating gas; blast furnaces, boiler works and forge
shops; the manufacture or refining of asphalt; the tanning of hides
and skins; the generation of heat and/or power unless with smokeless
fuels or with the use of approved and effective smoke and fly-ash
elimination equipment; trucking terminals.
shall mean any solution which is designed or sold for use
with an electronic smoking device.
[Added 9-17-2017 by Ord.
No. 20-2019]
shall mean a bottle or other container of liquid, wax, gel
or other substance, where the liquor or other contained substance
is sold, marketed or intended for use in a vapor product that does
not include containers pre-filled and sealed by the manufacturer and
not intended to be opened by the consumer.
[Added 9-17-2017 by Ord.
No. 20-2019]
shall mean the breeding and quartering of horses, cows, ponies,
sheep, goats, or other farm animals. This term shall not include the
keeping of cats, dogs, or other domesticated animals in kennels.
shall mean an off-street space or berth used for the loading
and unloading of cargo, products, or materials from vehicles located
on the same lot with a building or group of buildings for the temporary
parking of a commercial vehicle while loading and unloading.
shall mean any sewerage authority created pursuant to the
"Sewage Authorities Law," P.L. 1946, c.138 (N.J.S.A. 40: 14A-1 et
seq.); any utility authority created pursuant to the "Municipal and
County Utilities Authority Law" P.L. 1957, c. 183 (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 Revised Statues that provides
gas, electricity, heat, power, water, or sewer service to a municipality
or the residents thereof.
shall mean 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.
shall mean the total area within the lot lines of a lot,
excluding any street right-of-way.
shall mean a lot or parcel of land abutting upon two (2)
or more streets at their intersection or upon two (2) parts of the
same street forming an interior angle of less than one hundred thirty-five
(135) degrees.
shall mean the average distance measured from the front lot
line to the rear lot line.
shall mean the length of the front lot line measured at the
street right- of-way line.
shall mean a line of record bounding a lot that divides one
(1) lot from another lot, or from a public, or private street, or
any other public space.
LOT LINE, FRONTshall mean the lot line separating a lot from the street right-of-way.
LOT LINE, REARshall mean the lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to, and at a maximum distance from the front lot line.
LOT LINE, SIDEshall mean any lot line other than a front or rear lot line.
shall mean a lot that fronts upon two (2) parallel streets,
or that fronts upon two (2) streets that do not intersect at the boundaries
of the lot.
shall mean the horizontal distance between the side lot lines
of a lot measured at right angles to its depth along a straight line
parallel to the front lot line at the minimum required building setback
line.
shall mean total gross household income equal to fifty (50%)
percent or less of the median household income for households of the
same size and using the median income data for household size prepared
by the United States Department of Housing and Urban Development (HUD)
or equally reliable source for the region which includes Roseland.
shall mean any security that may be accepted by the Borough
for the maintenance of any improvements required by this chapter,
including, but limited to surety bonds, letters of credit under the
circumstances specified in N.J.S.A. 40:55D-53.5, and cash. (See Guarantee).
shall mean a composite of one (1) or more written or graphic
proposals for the development of the Borough of Roseland as set forth
in and adopted pursuant to N.J.S.A. 40:55D-28.
shall mean any machine, device or contrivance which, upon
the insertion of a coin, slug, token, plate or disc, may be operated
by the public generally for amusement only; and does not dispense,
offer or provide for any form of pay-off prize or reward. It shall
not include "juke boxes" or other devices or machines, which operate
or may be operated for emission of songs, music or similar amusement
or entertainment.
shall mean a resolution setting forth the decision of the
Board on a particular application, including the findings of fact,
reasons for the decision and conditions of approval, if any.
shall mean the total gross household income between fifty
(50%) percent and eighty (80%) percent of the median household income
for households of the same size for the region which includes the
Borough of Roseland, using the median income data for household size
prepared by HUD or equally reliable source.
(See Recreational Vehicle)
shall mean the Planning Board, Zoning Board of Adjustment
or Borough Council of the Borough of Roseland.
shall mean the Borough of Roseland.
shall mean N.J.S.A. 40:55D-1 et seq.
shall mean any use by the Borough of Roseland of any property
owned or leased by it.
shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision, or amendment of this chapter,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision, or amendment.
shall mean a 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 reason of such adoption,
revision, or amendment.
shall mean 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 reason of such adoption, revision, or amendment.
shall mean those zones set forth in the zoning regulations
of this chapter and known as the B-1, B-2, OB-1, OB-2, OB-3, R/M Zones,
Conservation and Conservation-Recreation Districts.
shall mean a building or group of buildings in which nursing
care and not acute medical care services are prescribed by or performed
under the general direction of persons licensed to practice medicine
or surgery in the State of New Jersey.
shall mean the residing of an individual or individuals overnight
in a dwelling unit or the storage or use of equipment, merchandise,
or machinery in any commercial, public, or industrial building.
shall mean a room or group of rooms used for conducting the
affairs of a business, profession, service, industry, or government
and generally furnished with desks, tables, files, and communication
equipment which does not offer a product or merchandise for sale to
the public, on the premises, but offers a service, including professional
services, not including, however, personal services, such as barber
and beauty shops and repair shops, such as radio and television repair
shops.
shall mean the map, with changes, and additions thereto,
adopted and established, from time to time by resolution of the Board
of County Commissioners of Essex County pursuant to N.J.S.A. 40:27-5.
shall mean a map adopted by ordinance in accordance with
the provisions of N.J.S.A. 40:55D-32, et seq.
shall mean 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 the closest half of the street
or right-of-way abutting the property of which the lot is a part.
(See Appendix B)
shall mean not located on the property, which is the subject
of a development application, nor on the closest half of the abutting
street or right-of- way. (See Appendix B)
shall mean a new street, water, sewage or drainage improvement
or extension or modification of an existing improvement which is not
located on the property which is the subject of a Development Plan
nor on a contiguous portion of a street or right-of-way and which
includes either the following:
All improvements of the types required for on-site installation,
where the need for providing for such improvements off-tract is, in
whole or in part, made necessary by the proposed Development Plan
and where such improvements will confer a benefit upon the lands which
are the subject of the Development Plan.
Any improvement or facility, the installation of which is required
in the public interest but which would not otherwise be required except
for the improvement of the lands which are the subject of the Development
Plan and the installation of which would confer a benefit upon the
lands which are the subject of the Development Plan. In addition to
improvements of the type referred to above, improvements required
to maintain a safe flow of vehicular and pedestrian traffic are specifically
declared to be necessary and in the public interest. (See Appendix
B)
shall mean located on the lot in question and excluding any
abutting street right-of-ways. (See Appendix B)
shall mean located on the property, which is the subject
of a development application, or on the closest half of an abutting
right-of-way. (See Appendix B)
shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated, or reserved for public
or private use or enjoyment or for use and enjoyment of owners and
occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets, and off street parking and other improvements that are designed
to be incidental to the natural openness of the land.
shall mean an area located between two (2) parallel rows
of parking stalls required to pass and maneuver vehicles into and
out of parking stalls. (See Appendix C)
shall mean a space for the parking of a motor vehicle within
a public or private parking area, except that nothing shall prohibit
private driveways for dwelling units from being considered off-street
parking areas provided that no portion of a street shall be considered
part of an off-street parking space. (See Appendix C)
shall mean any security, which may be accepted by the municipality,
including, but not limited to, surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5 (MLUL).
shall mean any use, which is allowed in a zoning district
and subject to the restriction applicable to the zoning district.
See Development Plan.
shall mean any tower or antenna for which a building permit
or conditional use permit has been properly issued prior to the effective
date of this section, including permitted towers or antennas that
have not yet been constructed so long as such approval is current
and not expired.
shall mean any use, which is not specifically permitted in
a zoning district.
shall mean (1) public parks, playgrounds, trails, paths,
and other recreational areas; (2) public open spaces; (3) scenic,
and historic sites; and (4) sites for schools, and other public buildings,
and structures.
shall mean any improvement, facility, or service together
with its associated site or right-of-way necessary to provide transportation,
drainage, utilities, or similar essential services, and facilities
and that are usually owned and operated by a governmental agency.
shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, a State or
County agency or other public body for recreational or conservation
uses. (See Open Space.)
shall mean schools through grade twelve (12) for preschool,
primary and secondary education, established and operated primarily
for the general education of the children of the neighborhood, municipality,
or region in subjects and classes necessary for compliance with State
Compulsory Education laws.
shall mean any public utility regulated by the Board of Public
Utilities and defined pursuant to N.J.S.A. 48:2-13 but not including
wireless telecommunication facilities.
shall mean the majority of the full-authorized membership
of a municipal agency.
shall mean a vehicular-type portable structure without permanent
foundation that can be towed, hauled, or driven and primarily designed
as a temporary living accommodation for recreational, camping, and
travel use and including, but not limited to, travel trailers, truck
campers, camping trailers, self propelled motor homes, and boats.
shall mean the number of dwelling units per acre of residential
land area including streets, easements, and open space portions of
a development.
shall mean a professional office use when conducted on residential
property and limited to those residing on the premises and legally
practicing medicine, law, dentistry, architecture, engineering, and
accounting.
shall mean those zones set forth in the zoning regulations
of this chapter and known as R-1, R-2, R-3, R-4, R-5, R-6, R-7 (AH-1),
R-8 (AH-2), and R-9 (AH-3) Zone Districts.
shall mean an establishment where food, and drink are prepared,
served, and consumed primarily within the principal building. A snack
bar at a public or non-profit playground, play field, park or swimming
club, maintained solely by the agency or group operating the recreational
facilities and for the sole use of the patrons of the facility, shall
not be deemed to be a restaurant.
TRADITIONAL, FULL SERVICE RESTAURANTshall mean an establishment providing food and drink to customers seated at tables and served by employees for whom waiting tables is their primary job responsibility.
FAST SERVICE RESTAURANTshall mean any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption, either within the restaurant building or for carryout with consumption on or off premises, and whose method of operation has the following characteristics:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers.
A limited or specialized list of quickly prepared or pre-prepared
food items, utilizing standardized preparation and packaging techniques,
is offered for on and off the premises consumption.
No table service.
[Ord. No. 07-2017 § 1]
shall mean (1) the further division or relocation of lot
lines of any lot or lots within a subdivision previously made and
approved and recorded according to law or (2) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved and recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
shall mean a group of commercial establishments, planned,
constructed, and managed as a total entity, with customer and employee
parking provided on-site, provision for goods delivery separated from
customer access, aesthetic considerations, and protection from the
elements, and landscaping, and signage in accordance with an approved
plan.
shall mean the sale of goods for use or consumption off the
premises, which goods are intended to meet food, clothing, furnishings,
or recreational needs and/or the sale of services, which services
are either arranged for or take place on the premises.
shall mean any structure made of any materials that is assembled
or constructed for the purpose of retaining soil, stone or any embankment.
shall mean (1) a strip of land acquired by reservation, dedication,
forced dedication, prescription, or condemnation and intended to be
occupied by a road, crosswalk, railroad, electric transmission line,
oil, or gas pipeline, waterline, sanitary storm sewer, and other similar
uses; (2) generally, the right of one to pass over the property of
another.
shall mean a person, other than a member of a family, occupying
a part of any dwelling unit, who, for compensation, is furnished living
accommodations in such dwelling unit.
shall mean the authorized agent of the Planning Board or
the Board of Adjustment as the case may be.
shall mean a structure or structures containing separate,
individual, and private storage spaces of varying sizes leased or
rented on individual leases for varying periods of time.
shall mean a building or buildings containing one (1) or
more dwelling units restricted by deed or other instrument or occupancy
of each dwelling unit by a person or persons in any one (1) of the
following categories:
Up to two (2) individuals both of whom are fifty-five (55) years
of age or older.
A man and wife, either one of whom is fifty-five (55) years
of age or older.
A single person over eighteen (18) but under age fifty-five
(55) living with either of the above when the presence of said person
is essential to the physical care or economic support of either of
the above.
shall mean an accessory building used primarily for storage,
not exceeding one hundred fifty (150) square feet.
shall mean a group of commercial establishments, providing
a variety of convenience goods and services catering to the daily
needs of the local community that is planned, constructed and managed
as a total entity and provides on-site parking in definite relationship
to the type and total size of the stores. The commercial establishments
may be located in one or several buildings, attached or separated.
shall mean a triangular-shaped portion of land established
at street intersections in which nothing is erected, placed, planted,
or allowed to grow in such a manner as to limit or obstruct the sight
distance of motorists entering or leaving the intersection. See Clear
Sight Triangle.
shall mean any announcement, declaration, demonstration,
display, illustration, or insignia used to identify, promote or advertise
the interests of any person, group of persons, company, corporation,
service, or product when the same is painted or printed directly on
the building or is placed on, erected on or attached to the building
or is placed or erected on the lot containing the building, where
it may viewed from off-site.
SIGN, BILLBOARDshall mean a sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, EXTERNALLY LIGHTEDshall mean any sign whose sole source of artificial illumination is not contained within the display portion of the sign.
SIGN, FREESTANDINGshall mean any nonmovable sign not affixed to a building.
SIGN, INTERNALLY LIGHTEDshall mean any sign whose sole source of artificial illumination is contained within the display portion of the sign.
SIGN, TEMPORARYshall mean any sign displaying information regarding a special offer of products, services, or information for a limited period of time as provided herein.
shall mean the entire face of a sign, including the advertising
surface, and any framing, trim, or molding but not including the supporting
structure.
shall mean the length of a line perpendicular to the lot
line or curb line, whichever is farther from the street center line,
drawn from the lot or curb line to the sign.
shall mean ownership by one (1) or more persons, in any form
of ownership, of more than one (1) lot entirely in the same ownership.
shall mean 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 water ways; (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
that may be reasonably required in order to make an informed determination
pursuant to this chapter requiring review and approval of site plans
by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
(MLUL)
shall mean a development plan of one or more lots which (1)
proposes new development within the scope of development specifically
permitted by this chapter as a minor site plan; (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 chapter for approval of a minor site plan have been met.
shall mean a plan that indicates necessary land treatment
measures, including a schedule of installation, which will effectively
minimize soil erosion and sedimentation.
shall mean any storm drainage technique that retards or detains
runoff, such as a detention or retention basin, parking lot storage,
rooftop storage, porous pavement, dry wells, or any combination thereof.
shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above it, or
if there is no floor above it, then the space between the floor and
the ceiling next above it and including those basements used for the
principal use.
shall mean a space under a sloping roof that has the line
of intersection of the roof and wall face not more than three (3)
feet above the floor level and in which space the possible floor area
with head room of five (5) feet or less occupies at least forty (40%)
percent of the total floor area of the story directly beneath.
shall mean a permit issued by the Department of Environmental
Protection under the provisions of N.J.S.A. 58:1-26.
shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way (1) which is an existing State, county,
or municipal roadway, or (2) which is shown upon a plat heretofore
approved pursuant to law, or (3) which is approved by official action
as provided by this chapter, or (4) which is shown on a plat duly
filed and recorded in the office of the County Recording Officer prior
to the appointment of a Planning Board and the grant to such board
of the power to review plats; and includes the land between street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, curbs, sidewalks, parking areas, and other areas
within the street lines. For the purpose of this chapter, streets
shall be classified as follows:
STREET, ARTERIALshall mean those streets that accommodate high volumes of through traffic.
STREET, PRIMARY ARTERIALshall mean a street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from secondary arterial streets as designated in the Master Plan.
STREET, SECONDARY ARTERIALshall mean a street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets as designated in the Master Plan.
STREET, COLLECTORshall mean a street that collects traffic from local streets and connects with minor and major arterials.
STREETS, MINOR AND/OR LOCALSshall mean a street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET, CUL-DE-SACshall mean a street with a single common ingress and egress and with a turnaround at the end.
STREET, DEAD-ENDshall mean a street with a single common ingress and egress.
STREET, PRIVATEshall mean a street that has not been accepted by the municipality or other governmental agency.
shall mean the lines that form the boundaries of a right-of-way.
shall mean 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, which is permanent or temporary.
shall mean the division of a lot, tract, or parcel of land
into two (2) or more lots, tracts, parcels, or other divisions of
land for sale or development. The following shall not be considered
subdivisions within the meaning of this chapter, if no new streets
are created: (1) divisions of land found by the planning board to
be for agricultural purposes where the resulting parcels are five
(5) acres or larger in size, (2) divisions of property by testamentary
or interstate provisions, (3) divisions of property upon court order,
included, but not limited to foreclosure, (4) consolidation of existing
lots by deed or other recorded instrument, and (5) the conveyance
of one (1) 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 administrative officer to conform to the requirements of this
municipal development regulations and are shown and designated as
separate lots, tracts, or parcels on the tax map or atlas of the municipality.
The term "subdivision" shall also include the terms "resubdivision".
shall mean any subdivision not classified as a minor subdivision.
shall mean the division of a tract of land into not more
than four (4) separate lots or parcels, including remaining lands,
provided that such subdivision does not involve (1) a planned development;
(2) any new street, or the improvement of any street; or (3) the extension
of any off-tract improvement the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42. (MLUL)
shall mean a depression in the ground, either natural or
man made, that channels runoff.
shall mean a water-filled enclosure, permanently constructed,
or portable, having a depth of more than twenty-four (24) inches below
the level of the surrounding land, or an above-surface pool, having
a depth of more than twenty-four (24) inches, designed, used, and
maintained for swimming and bathing.
shall mean and include the definitions in Chapter IV, Section 4-6 of the Revised General Ordinances of the Borough of Roseland. For purposes of this chapter, a tattoo parlor shall not be considered a retail use.
[New]
shall mean a committee of four (4) Planning Board members
which may be appointed by the Chairman for the purpose of reviewing
development plans in accordance with the provisions of this chapter
and such other duties relating to land development as may be conferred
to this committee by the Chairman.
shall mean a building, or part of a building devoted to showing
motion pictures, or for dramatic, dance, musical, or other live performances.
For the purposes of this chapter, a theater shall not be considered
a retail sales and services establishment.
shall mean an area, parcel, site, piece of land, or property
that is the subject of a development application.
shall mean a structure standing on wheels, towed, or hauled
by another vehicle, and used for short-term human occupancy, carrying
of materials, goods, or objects, or as a temporary office, but shall
not include trailers used for storage purposes.
shall mean the purpose or activity for which land or buildings
are designed, arranged, or intended or for which land or buildings
are occupied or maintained.
shall mean any noncombustible product that employs a heating
element, power source, electronic circuit or other electronic, chemical
or mechanical means, regardless of shape or size, to produce a vapor
from a solution or any form, including any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product or
device, and any vapor cartridge or other container in the a solution
or other form intended to be used with, or in, any such device.
[Added 9-17-2017 by Ord.
No. 20-2019]
shall mean permission to depart from the requirements of
an ordinance with respect to the submission of required documents.
shall mean any natural or artificial stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine,
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and has a definite channel, bed, and
banks and includes any area adjacent thereto subject to inundation
by reason of overflow or floodwater.
shall mean those areas as defined and regulated by the USACOE
and/or the N.J.D.E.P. that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative lower structures
and the like. The term includes the structure and any support thereto.
shall mean an open space that lies between the principal
building or buildings and the nearest lot line. The minimum required
yard as set forth in the chapter is unoccupied and unobstructed from
the ground upward except as may specifically provided in the zoning
ordinance. In an apartment or townhouse complex, yards shall also
be the open space extending between structures. All yard dimensions
shall be measured horizontally and at right angles to either a straight
street line, lot line, or building facade or perpendicular to the
point of tangent of curved lines and facades. (See Appendix A)
YARD, FRONTshall mean a space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. For the purpose of determining the front yard, stoops, steps, or balconies extending not more then sixty (60) inches from the front line of any building shall not be construed as part of the structure unless enclosed.
YARD, REARshall mean a space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line. Stoops, steps, or balconies extending not more than 36 inches into the required yard shall not be construed as part of the building unless enclosed.
YARD, SIDE shall mean a space extending from the front yard
to the rear yard between the principal building and the side lot line
and measured perpendicular from the side lot line to the closest point
of the principal building. Stoops, steps, or balconies extending not
more than 36 inches into the required rear yard shall not be construed
as part of the building unless enclosed.
shall mean a document signed by the administrative office
(1) which is required by ordinance 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 (2) which acknowledges that such use, structure, or building complies
with the provisions of the municipal zoning ordinance or variance
therefrom duly authorized by a municipal agency pursuant to sections
47 and 57 of the MLUL.
shall mean the administrative officer designated to administer
the zoning ordinance and issue zoning permits.
