Whenever used herein, the present tense shall include the future;
the singular number shall include the plural, and the plural the singular.
The word "shall" is always mandatory.
Whenever a term is used in this chapter which is defined in
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., such term is
intended to have the meaning set forth in the definition of such term
found in said statute, unless a contrary intention is clearly expressed
from the context of this chapter.
Certain words, phrases and terms of this chapter are defined
for the purpose thereof as follows:
A use or building customarily incidental to the principal
use or building, located on the same lot with such principal use or
building.
The construction of a new improvement as part of an existing
improvement when such improvement changes or affects the exterior
of the improvement.
[Added 10-13-2004 by Ord.
No. 04-19]
[Deleted 10-13-2004 by Ord. No. 04-19]
Any change in the appearance of a building, structure, site
or improvement which is not otherwise covered by the definition of
Demolition.
[Added 10-13-2004 by Ord.
No. 04-19]
Means an organization issued a permit pursuant to the “Jake
Honig Compassionate Use Medical Cannabis Act, P.L 2009, c.307 (C.24:6I-1
et al.) to operate as a medical cannabis cultivator, medical cannabis
manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to section
7 of that act (C.24-6I-7) to concurrently hold a medical cannabis
cultivator permit, medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
[Added 7-12-2021 by Ord. No. 21-05]
The portion of a building in which the ceiling or underside
of beams averages more than four (4) feet above the natural grade
where such grade meets the outside walls of the building, and which
has a clear floor-to-ceiling height of six (6) feet or more. Such
space shall be considered to be a story. (See "cellar.")
The Borough of Merchantville, New Jersey.
[Added 10-13-2004 by Ord.
No. 04-19]
See definition in Municipal Land Use Law (N.J.S.A. 40:55D-3).
The ratio of the area of a horizontal section of a building
taken at its greatest outside dimensions on the ground floor, including
all attached structures and detached accessory buildings, to the total
lot area.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that such sign
is parallel to and does not project more than twelve (12) inches from
the facade of such building or structure. Lettering, messages and
graphics applied to awnings shall be considered a "building face sign,"
and such awnings may exceed the twelve-inch projection set forth herein
for other "building face signs."
Means any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumers purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 7-12-2021 by Ord. No. 21-05]
Any space in which the ceiling or underside of beams averages
less than four (4) feet above the natural grade where such grade meets
the outside walls of the building. Such space shall not be considered
to be a story. (See "basement.")
A document that states that the Regulated Activity or Demolition that is required to be approved by this Commission pursuant to Article VIIIB, § 94-51.5 has been approved by the Commission.
[Added 10-13-2004 by Ord.
No. 04-19]
As determined by the Zoning Officer, a change in the occupancy of a building, or portion thereof, which utilizes the same parking requirement as that which is set forth for the preceding legal occupant of the space, in accordance with the standards set forth in § 94-53 of this chapter, and which is essentially similar in function to the prior use.
A change in the occupancy of a building which does not meet
the definition of a change of tenancy.
Any motor vehicle (automobile, truck, van or bus) used for
a commercial purpose, in interstate or intrastate commerce, for the
transportation of property, goods, wares and merchandise or for the
transportation of persons for hire, compensation or profit. The display
of commercial, omnibus or contractor registration plates on any motor
vehicle shall, for the purposes of this chapter, be presumptive evidence
that the vehicle is a "commercial vehicle."
The Historic Preservation Commission of the Borough of Merchantville.
[Added 10-13-2004 by Ord.
No. 04-19]
See definition in Municipal Land Use Law.
A store, generally less than 5,000 square feet in size, where
the primary business is the sale of packaged goods and/or groceries
and a wide variety of sundries, including, but not limited to, food,
beverages, cigarettes, candy, confectionery items, film and film processing,
small appliances, clothing, toys, nonprescription medicines, cards,
pain relievers and pharmacy items purchased with or without medical
prescriptions, health, hygiene and medical aids and supplies, refrigerated
items, cosmetics, paper products, seasonal decorations and similar
items.
[Added 10-13-2004 by Ord.
No. 04-19]
The razing or destruction, whether entirely or in part, of a building, structure, site or improvement. Demolition includes the removal of a building, structure or improvement from its site. A project that proposes to remove a facade or surface of a building or structure for the sole purpose of immediately replacing such facade or surface with a new facade or surface shall not be considered a Demolition, although such work may be a Regulated Activity pursuant to Article VIIIB, § 94-51.5A(3)(c).
[Added 10-13-2004 by Ord.
No. 04-19]
One (1) or more rooms used or intended to be used for living
purposes by one (1) or more persons living together and maintaining
a common household, having separate cooking and sanitary facilities
and accessible from the outdoors either directly or through an entrance
hall shared with other dwelling units.
APARTMENTA suite of rooms designed for or occupied by one (1) family or household and situated in a building containing three (3) or more such suites of rooms.
SINGLE-FAMILY DWELLING UNITA detached building on a lot designed and occupied exclusively as a residence for one (1) family or household.
DETACHED BUILDING or DETACHED DWELLINGA building or dwelling which has yard or open areas on all sides, having no common or party walls with any other building or dwelling.
TWO-FAMILY DWELLING UNITA building on a lot designed and occupied exclusively as a residence for two (2) families or households.
DUPLEXA detached building occupying a single lot where the family dwelling units are separated by a horizontal floor unpierced except for access to the outside or to a common basement or cellar.
SEMI-DETACHED DWELLINGA dwelling which has a common or party wall with one (1) adjacent dwelling and yard or open areas on all other sides. Each of two (2) adjacent "semi-detached dwellings" shall have a separate, full complement of utilities and facilities and separate means of ingress and egress.
ATTACHED DWELLINGA one-family dwelling which has common or party walls with two (2) or more adjacent one-family dwellings. Each dwelling in a group of "attached dwellings" shall have a separate, full complement of utilities and facilities and separate means of ingress and egress.
MULTIFAMILY BUILDINGA building containing three (3) or more dwelling units. It includes apartment houses, apartment hotels and grouped houses wherein each household occupies a separate dwelling unit, but all dwelling units may share some facilities, utilities or services, such as entrance halls, electric or water connections, basement areas, heating plant or refuse disposal facilities.
Those immediate remedial actions necessary to preserve the
continued habitability of a site or improvement and/or the health
and safety of its occupants or others where time will not permit the
owner to obtain a Certificate of Appropriateness prior to the undertaking.
[Added 10-13-2004 by Ord.
No. 04-19]
A group of individuals living together in a dwelling unit
as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability, and not necessarily related by blood, marriage, adoption
or guardianship, and living together in a more or less stable and
permanent relationship, as opposed to one which is short-term or transient.
COMMUNITY GARAGEA building or group of buildings for housing private automobiles or house trailers in which no business is carried on, except the renting of storage space for such motor vehicles or adjuncts, permitted as a use accessory to a multiple dwelling.
PRIVATE GARAGEA building, either attached or detached from a dwelling, or space accessory, including a carport or garage attached to a dwelling, for housing automobiles, trucks, house trailers or any other motorized vehicle requiring registration with the New Jersey Division of Motor Vehicles, in which no business, service or industry connected directly or indirectly with motor vehicles or house trailers is carried on or permitted as an accessory use to a single-family dwelling.
REPAIR GARAGEA building or any portion thereof for the housing, maintenance or repair of private automobiles, commercial trucks, house trailers or other self-propelled vehicles, conducted as a business for gain.
The sum of the areas of the several floors of a building,
including those portions of basements, mezzanines and intermediate
floored tiers and penthouses which have a headroom height of at least
seven (7) feet. Floor area shall be measured from the exterior faces
of exterior walls or from the center line of walls separating buildings.
Covered walkways, open roofed-over areas that are paved, roofed porches
and similar spaces which are roofed shall have the floor area multiplied
by a factor of fifty hundredths (0.50) and then included in "gross
floor area." "Gross floor area" shall not include such features as
pipe trenches; exterior open terraces, decks or steps; parking lots;
chimneys; or roof overhangs.
The weight specified by the manufacturer, loaded weight of
a single or combination (articulated) vehicle or registered gross
weight, whichever is greater. The GVWR found on the vehicle's identification
plate shall be presumptive evidence of the vehicle's GVWR. In the
event that the GVWR set forth on the vehicle's identification plate
is in conflict with the GVWR stated on the vehicle's New Jersey registration
certificate, then and in that event the GVWR on the vehicle identification
plate shall be deemed controlling for purposes of this chapter.
The vertical distance measured from the average natural grade
around the perimeter of the foundation to the highest point of the
roof or parapet, exclusive of chimneys and similar fixtures.
A site within the Borough designated as an Historic Site pursuant to Section 94-51.4 of Article VIIIB.
[Added 10-13-2004 by Ord.
No. 04-19]
A business, charitable activity or occupation being conducted
wholly or in part from a residence or the residential premises as
an accessory use. For purposes of the regulation of "home occupations"
under the terms of this chapter, they shall be exempt from site plan
review and the following standards shall apply:
No nonresident of the building may be employed on the premises.
No more than five hundred (500) square feet or the equivalent
of forty percent (40%) of the first floor area of the building, whichever
is smaller, shall be used for such purposes.
The home occupation remains subordinate and incidental to the
principal residential use.
No display of products or equipment shall be visible from the
street.
The residential character of the neighborhood or building shall
not be changed.
The occupation shall be conducted entirely within either the
dwelling or accessory building, but not both.
No occupational sound shall be audible outside the building.
Articles shall not be offered for sale from the premises as
a normal and customary part of the activity.
No machinery or equipment shall be used which will cause interference
with radio and television reception in the neighboring residences.
The use does not reduce the parking or yard requirements of
the principal residential use.
There are no signs indicating the presence of the activity.
There are no external indications that the site contains a business
activity, such as the outdoor storage of materials or equipment or
the use of the premises for the storage of commercial vehicles.
There are no customer visits to the site as a normal and customary
part of the activity.
There are no deliveries to or pickups from the site as a normal
and customary part of the activity, except as may be provided by ordinary
mail and delivery services, such as the United States Postal Service,
United Parcel Service and Federal Express.
That portion of a lot which is covered by buildings and other
surfaces which are more impervious than the natural surface, including
but not limited to paving, patios, decks, pools and driveways.
See definition in Municipal Land Use Law (N.J.S.A. 40:55D-5).
In square feet, determined by the limits of the lot lines
bounding the lot, not including any portion used or intended for use
as a street or street right-of-way.
A parcel of land located at the junction of, and fronting
on, two (2) or more intersecting streets. A "corner lot" shall be
considered to have two (2) front yards and two (2) side yards.
A lot line abutting and extending along a street line.
A lot fronting on one (1) street only.
An interior lot having frontage on two (2) parallel or closely
parallel streets.
Any lot with three (3) street fronts.
The mean horizontal width measured parallel to the lot frontage
at the required front yard setback line.
See definitions in Municipal Land Use Law (N.J.S.A. 40:55D-5).
A sign that is not permanently affixed to a building, structure
or the ground. Temporary signs, as described and regulated herein,
shall not be considered to be "portable signs."
The office of a member of a recognized profession maintained
for the conduct of that profession, including the offices of physicians,
dentists, chiropractors, podiatrists, optometrists, architects, engineers,
landscape architects, attorneys, artists, authors, musicians and other
similar professional occupations. The issuance of a state or local
license for regulation of any gainful occupation is not dispositive
of professional standing.
Activity identified as such in Section 94-51.5(A) of Article
VIIIB.
[Added 10-13-2004 by Ord.
No. 04-19]
All areas of the Borough of Merchantville designated on the
Zoning Map of the Borough of Merchantville as residential districts.
Any item, device or structure containing a logo, graphics
or lettering of any style intended to convey information and/or location
so as to be visible from any thoroughfare.
[Added 2-26-01 by Ord. No. 01-02]
A sign that is not affixed to either a building or the ground.
Site plan review shall not be required for the following:
Single-family and two-family dwellings.
A change of tenancy, as defined herein.
Building or site alterations which do not involve a change of
use, additional parking, additional impervious coverage or additional
floor area.
Additions or improvements to an attached dwelling on a fee simple
lot, subject to prior approval by any association of owners within
the development who have legal authority to review and approve exterior
improvements.
[Amended 10-13-2004 by Ord. No. 04-19]
A site plan not defined as either minor or exempt.
Review as a "minor site plan" shall be required for the following
unless the proposal meets the definition of "site plan, exempt":
A change of use, as defined herein.
A new development, building alteration or building addition
which requires no more than four (4) additional parking spaces and
which involves a gross floor area of no more than one thousand (1,000)
square feet of new construction.
A site improvement which involves a change in traffic flow,
designated parking spaces or designated loading spaces and which does
not increase the paved surface of the site by more than ten percent
(10%) and which does not involve the addition of more than four (4)
parking spaces.
Conditional uses, provided that they meet the other qualifying
standards set forth herein for a minor site plan. If they exceed any
of the qualifying standards for minor site plan review, they shall
be reviewed as major site plans.
[Amended 10-13-2004 by Ord. No. 04-19]
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. A basement shall be considered to be a "story" but
a cellar shall not.
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 headroom of
five (5) feet or less occupies at least forty percent (40%) of the
total floor area of the story directly beneath.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map or as required by this chapter, forming the dividing
line between the street and the property line. For the purposes of
relating the "street line" to the setback requirements of this chapter,
this definition shall control.
A portion of a lot extending between any building and a lot
line or street line. All "yard" dimensions shall be measured parallel
to the horizon and at right angles to either a straight street line
or lot line or perpendicular to the point of tangency of curved street
lines or lot lines.
The area extending across the full width of a lot between
the street line and the nearest point of the building to the street
line, extending to the side lot lines from such point in lines parallel
or concentric to the street line. On lots with multiple lot frontages,
such as corner lots, the "front yard" standards shall apply to all
lot frontages.
The area extending across the full width of a lot between
the rear lot line and the nearest point of the building to the rear
lot line, extending to the side lot lines from such point in lines
parallel or concentric to the street line.
The area extending from the front yard to the rear yard and
lying between each side lot line and the nearest point of the building
to a side lot line. On corner lots, all yards not meeting the definition
of a front yard shall be considered to be "side yards."
