Definitions. As used in this article, the following terms shall have
the meanings indicated:
ACTIVE ADULT RESIDENTIAL/INDEPENDENT LIVING SENIOR UNITS
Shall mean residential units with at least one (1) member
of the household residing therein being at least fifty-five (55) years
of age. All such dwelling units shall be deed restricted for occupancy
by households having at least one (1) member aged fifty-five (55)
years of age or older and having no person less than nineteen (19)
years of age as a permanent resident.
ADULT DAY CARE
Shall mean a use providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a 24 hour
day.
[Ord. No. 1412-20-14]
ART STUDIOS
Shall mean a use providing work space for one or more artists
or artisans and may also include sale of art on premises, assembly
uses and art instruction.
[Ord. No. 1412-20-14]
ASSEMBLY
Shall mean a use which is a permanent facility, building,
structure, or installation which is providing for civic, educational,
political, religious or social assemblage purposes. This term shall
include nonprofit or for-profit facilities and shall include, but
may not be limited to, houses of worship, banquet facilities, lodges,
fraternal organizations, civic organizations and funeral homes.
[Ord. No. 1412-20-14]
ASSISTED LIVING FACILITY
Shall mean a facility licensed by the New Jersey Department
of Health and Senior Services which is designed and operated to provide
apartment-style housing and congregate dining while assuring that
assisted-living services are available, as needed, to adult persons
unrelated by blood, marriage or adoption to the proprietor or governing
authority. Each assisted living unit in such facility shall offer,
at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette
and a lockable door on the unit entrance. Assisted living facilities
may include dementia care facilities, which are facilities designed
in such a way as to accommodate the special needs of frail elderly
persons afflicted with Alzheimer's Disease or other dementia. Dementia
care facilities within an assisted living facility are not required
to have a kitchenette and a lockable door.
BREWERY/WINERY/DISTILLERY
Shall mean a light industrial use where beer, wine, liquor
or other alcoholic beverage is manufactured, packaged and distributed.
A tasting room or restaurant shall occupy not less than 20% of the
floor area.
[Ord. No. 1412-20-14]
BUILDING
Shall mean a structure having a roof supported by two or
more walls, whether portable, fixed, temporary or permanent, to provide
shelter for persons, animals, equipment or property of any kind.
[Ord. No. 1412-20-14]
BUILDING, ACCESSORY
Shall mean a building the use of which is customarily incidental
to that of the main or principal building and which is located in
the same lot as the principal building. In residential districts,
"building, accessory" shall additionally mean a building the aggregate
ground area of which shall not exceed forty (40%) percent of the rear
yard or six hundred (600) square feet, whichever is less; the building
height of which does not exceed twelve (12) feet; and for which the
height of the doors measured from the ground to the highest point
of the door opening does not exceed eight (8) feet.
BUILDING, COMPLETELY ENCLOSED
Shall mean a building separated on all sides from the adjacent
open space or from other buildings or other structures by a permanent
roof and by exterior walls or party walls pierced only by windows
or normal entrance or exit doors.
BUILDING HEIGHT
Shall mean the vertical distance from the base flood elevation
plus one (1) foot to the level of the highest point of the roof surface,
exclusive of any parapet, fixtures or screening carried on or above
the roof surface, if the roof is flat, or in the case of sloping roofs,
to a point one-half (1/2) the distance between the plates and the
top of the uppermost point of the roof. This specified height shall
not apply to church steeples, chimneys, cupolas, flagpoles, or solar
panels. The height limitations shall not preclude the placement of
heating, air conditioning and water supply apparatus nor elevator
housings on the surface of the roof, provided that not more than twenty-five
(25%) percent of the roof surface shall be devoted to such appurtenances
and provided further that provision is made for architectural screening
in harmony with the architecture of the building so that such equipment
is not visible from the surrounding properties and streets.
BUILDING LINE
Shall mean a line parallel to a street right-of-way at a
point where the building is closest to said right-of-way.
[Ord. No. 1412-20-14]
BUILDING, PRINCIPAL
Shall mean a building in which is conducted the principal
use of the lot on which it is situated.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning 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 Article
100 Zoning, and upon the issuance of an authorization therefor by the Planning Board.
CONDOMINIUM HOTEL UNIT
Shall mean a unit within a building or group of buildings
that is/are constructed, maintained, operated and managed as a hotel,
as defined herein, but that is available for individual ownership
and that has full in-room or in-suite kitchen facilities, including
cooking burners and an oven. A condominium hotel unit shall have no
limitation on the duration of occupancy.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
Shall mean an age-restricted development that provides a
continuum of accommodations and care, from independent living and/or
assisted living units to residential health care units to nursing
home/long-term care facility, all as defined below, in which the proprietor
or governing authority enters into contracts with prospective residents
to provide lifelong care and accommodations in exchange for the payment
of entrance fees and monthly fees. CCRCs may contain related social,
recreational and dining facilities and a health-care center, which
may include an outpatient clinic and therapy areas in addition to
State-mandated facilities for each of its components.
CORNER LOT
Shall mean a lot or parcel or land abutting upon two (2)
or more streets at the intersection or upon two (2) parts of the same
street forming an interior angle of less than one hundred thirty-five
(135°) degrees. On corner lots, a front yard shall be provided
on each adjoining street frontage.
CONTRACTOR'S YARD OR FACILITY
Shall mean a use engaged in construction contracting services
including, but not limited to, general or specialty construction trades.
A contractor's yard may include office, workshop, storage of materials,
storage of vehicles and storage of equipment as accessory uses. The
use shall not include sale or manufacturing of materials or merchandise.
[Ord. No. 1412-20-14]
COURT
Shall mean an unoccupied space on a lot other than a yard.
COVERAGE
Shall mean the percentage of the plot or lot area covered
by the building area.
CUSTOMARY HOME OCCUPATION
Shall mean any use customarily conducted entirely within a dwelling and carried on solely by the inhabitants, which use is clearly secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Customary Home Occupation shall also mean the operation of a limousine service provided the limousine meets the definition set forth in Chapter
4, Section
4-51 and is limited to one (1) limousine per residence. The conducting of a business or office, clinic, hospital, barbershop, beauty parlor, tearoom, animal hospital, nursery school or any similar use shall not be deemed to be a "home occupation."
[Ord. No. 1377-06-13]
DBA
Shall mean the abbreviation designating both the unit of
measured sound level (the decibel) and the mode of measurement that
uses the A-weighting of a sound-level meter.
DATA CENTER
Shall mean a use providing data storage, internet distribution
and similar services. The use may also be referred to as, and shall
include, a telecom hotel, carrier hotel, co-location center or Internet
datacenter.
[Ord. No. 1412-20-14]
DECIBEL (DB)
Shall mean the practical unit of measurement for sound-pressure
level. The number of decibels is of a measured sound is equal to twenty
(20) times the logarithm to the base 10 of the ratio of the sound
pressure of the measured sound to the sound pressure of a standard
sound [twenty (20) micro-pascals]. It is abbreviated "dB."
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
Shall mean in the following listing each district shall be
deemed to be more restricted than the districts the symbols for which
follow it: R-A, R-B, R-M, P, B-N, B-H, B-G, I-R, I-G. Individual uses
shall be deemed to be more restricted or less restricted in accordance
with their classification in the foregoing list of districts.
DRIVE-THROUGH
Shall mean a constellation of building/site elements for
the dispensing of products or services to patrons who remain in their
vehicles. Drive-through facilities are a component of the principal
use/structure.
[Ord. No. 1412-20-14]
DWELLING
Shall mean a building containing only dwelling units. The
term "dwelling," "one-family dwelling," "two-family dwelling," "multifamily
dwelling" or "dwelling group" shall not be deemed to include hotel
or other accommodations used for more or less transient occupancy.
DWELLING, MULTIFAMILY
Shall mean a building, or portion thereof, containing three
(3) or more dwelling units, including townhouses and garden apartments,
but not including hotels, motels or automobile courts.
DWELLING, TOWNHOUSE
Shall mean a one-family dwelling, in a row of at least three
(3) such units, in which no unit is located over another unit and
which is designed for or occupied by no more than one (1) family or
household and attached to other similar buildings or structures by
not more than two (2) party walls extending from the foundation to
the roof and providing two (2) direct means of access from the outside.
Furthermore, each such dwelling unit shall be provided with cooking,
sleeping and sanitary facilities for the use of each family or household
of the townhouse. For the purposes of this article, a townhouse may
include a building or structure in a fee simple, condominium, cooperative
or leasehold ownership or any combination thereof.
DWELLING, TWO-FAMILY; DUPLEX
Shall mean a structure on a single lot containing two (2)
dwelling units, each of which has an unpierced wall extending from
ground to roof or an unpierced ceiling and floor extending from exterior
wall to exterior wall, except for a common stairwell exterior to both
dwelling units, with separate cooking, sleeping and sanitary facilities
for the exclusive use of the occupants of each unit.
DWELLING UNIT OR APARTMENT
Shall mean one (1) room, or suite of two (2) or more rooms,
occupied or intended for occupancy as separate living quarters by
one (1) family, provided that access is directly from the outside
or through a common hall and that separate cooking, sleeping and sanitary
facilities are provided within the dwelling for the exclusive use
of the occupants thereof. Occupancy by more than one (1) family within
a single-dwelling unit or apartment shall constitute a violation of
this chapter.
EDUCATION AND INSTRUCTION
Shall mean a use for teaching professional, artistic and/or
physical activity and skills. This term shall include, but not be
limited to, tutoring, career training, teaching music and teaching
martial arts. The term does not include school uses.
[Ord. No. 1412-20-14]
FAMILY
Shall mean a group of individuals bearing the generic character
of a relatively permanent household; a single, nonprofit housekeeping
unit.
FITNESS CENTER
Shall mean an establishment that provides apparatus and/or
instruction in various aerobic and athletic exercises, including,
but not by way of limitation, dance, yoga, martial arts and weight
training, and that may include facilities and uses such as but not
limited to, spa tubs, pools, steam rooms, and/or saunas, and shower
and locker rooms.
FLOOR AREA
Shall mean the sum of the gross horizontal areas under a
roof of a permanent structure. Floor area shall not include areas
under a roof overhang of three (3) feet or less, areas devoted to
mechanical equipment serving the building, areas devoted exclusively
to off-street parking for motor vehicles, and truck loading and unloading
spaces, open or roofed spaces designed for pedestrian movement from
parking/loading areas, nor any space where the floor-to-ceiling height
is less than 6 1/2 feet.
[Ord. No. 1412-20-14]
FLOOR AREA RATIO
Shall mean the sum of the floor area of building or structures
compared to the total area of the site.
[Ord. No. 1412-20-14]
FRONT ELEVATION
Shall mean the vertical projection showing the front view
of a structure.
GARAGE, PRIVATE
Shall mean an enclosed space for the storage of one (1) or
more motor vehicles, provided that no business, occupation or service
is conducted for profit nor space therein for more than one (1) car
is rented to a nonresident of the premises.
GARAGE, PUBLIC
Shall mean any garage other than a private garage, available
to the public, operated for gain, which is used for storage, repair,
rental, greasing, washing, servicing, adjusting or equipping automobiles
or other motor vehicles.
GARDEN APARTMENT
Shall mean one (1) or more multiple family buildings not
exceeding two and one-half (2 1/2) stories or thirty-five (35)
feet in height, containing off street parking, outdoor recreation
facilities and as more fully required herein. Each dwelling unit therein
shall contain two (2) separate direct means of access to the outside.
GASOLINE STATION
Shall mean an area of land, including structures thereon,
that is used primarily for the retail sale and direct delivery to
motor vehicles of gasoline and lubricating oil as well as facilities
that provide both gasoline and repair such as a motor vehicle service
station, but not auto body work, welding, painting or major repair
work or the same of used cars or car washing except where it is incidental
to the general servicing of the vehicle. Gasoline station shall include
any facility which sells any type of fuel for an internal combustion
engine other than compressed natural gas.
HABITABLE FLOOR AREA
Shall mean the enclosed floor area of a dwelling used or
intended to be used for living, sleeping, cooking or eating purposes,
excluding unfinished basements and cellars, rooms for heating equipment,
garages, porches, closets, bathrooms, water closet compartments, laundry,
breezeways and other unheated areas, and including only such floor
area under a sloping ceiling for which the headroom is not less than
five (5) feet six (6) inches and then only if at least seventy-five
(75%) percent of such floor area has a ceiling height of seven (7)
feet six (6) inches and if any such floor that is situated above another
story has access to the floor below by a permanent built-in stairway.
HOTEL
Shall mean a building or group of buildings containing at
least eight (8) stories and also containing a minimum of one hundred
(100) guest rooms that are intended or designed to be used, or which
are used, rented or occupied for sleeping purposes to transient guests
limited to not more than thirty (30) days' stay and that may also
contain condominium hotel units as defined above. Guest rooms shall
contain a minimum of one (1) bathroom for each sleeping room or suite
and may also include a refrigerator, extra sink and microwave oven
but not cooking burners and not an oven. A hotel may also include
retail shops and services; banks; travel agencies; concierge and ticketing
services and the like; restaurants, provided that any restaurant accessible
directly to the out-of-doors shall provide indoor table service and,
in season, shall provide outdoor (sidewalk) table service; fitness
centers; spas; theaters; meeting and banquet rooms; entertainment
facilities; and indoor and/or outdoor recreational facilities.
HOTEL, BOUTIQUE
Shall mean a use that is rented or occupied for sleeping
purposes to transient guests limited to not more than thirty (30)
days' stay and may also contain condominium hotel units as defined
above.
[Ord. No. 1412-20-14]
IMPERVIOUS COVERAGE
Land surface areas that do not allow rainwater to be directly
absorbed by the ground. These surfaces shall include:
[Added 4-9-2019 by Ord.
No. 1512-02-19]
2.
Driveways or other paved areas.
5.
Water surface area of swimming pools.
6.
Decks which do not allow free drainage of rainwater through
to the ground underneath. Decks must have gravel underneath to allow
for the free drainage of rainwater.
INDOOR ENTERTAINMENT AND RECREATION
Shall mean an indoor use for the public or private presentation
of and/or participation in performing arts, sports and other recreation
activities. This term shall include but not be limited to skating
rinks, carnivals, bowling alleys, movie theaters, and basketball courts.
[Ord. No. 1412-20-14]
JUNKYARD
Shall mean the use of more than one hundred (100) square
feet of the area of any lot for the storage, keeping or abandonment
of automobiles not in operating condition or other vehicles or machinery
or parts thereof.
LABORATORY
Shall mean a use for scientific research, investigation,
testing, or experimentation, but not facilities for the manufacture
or sale of products, except as incidental to the main purpose of the
laboratory. This term shall include, but shall not be limited to,
the above activities involving the following: biotechnology and pharmaceuticals.
[Ord. No. 1412-20-14]
LOADING SPACE
Shall mean any off-street space not less than ten (10) feet
wide and twenty-five (25) feet long, surfaced to be available in all
weather, suitable for the loading or unloading of goods and having
direct access to a street or alley.
LOT
Shall mean one (1) or more contiguous parcels of land united
by a common interest or use, considered as a unit, occupied by a principal
building or use and its accessory buildings and uses, if any, including
the open spaces on such unit of land. It may or may not coincide with
the deed description thereof or the boundaries of the same as shown
on the Tax Assessment Map of the Borough or a map filed for record
or otherwise.
LOT AREA PER DWELLING UNIT
Shall mean the area of the lot in square feet required for
each dwelling unit erected or intended to be erected upon the lot.
In calculating the maximum number of dwelling units which may be erected
upon the lot, the total area of the lot in square feet shall be divided
by the required minimum "lot area per dwelling unit."
LOT COVERAGE
Shall mean the percentage of lot areas which is improved
with principal and accessory buildings, structures and uses, including
but not limited to driveways, parking lots, garages and other man-made
improvements such as swimming pools and tennis courts. This exempts
a deck or impervious patio up to 200 square feet in size in the RA
zone.
[Amended 4-14-2020 by Ord. No. 1534-05-20]
LOT DEPTH
Shall mean the mean horizontal distance between the midpoints
of straight lines connecting the foremost points of the side lot lines
in front and the rearmost points of the side lot lines in the rear.
LOT FRONTAGE
Shall mean the horizontal distance measured along the full
length of the front lot line.
LOT LINE, FRONT
Shall mean that boundary of a lot which is along an existing
or dedicated public street, or where no public street exists, is along
a public way. Within a residential district, a corner lot or lot abutting
two (2) or more streets or roads shall be considered to front on the
street or road on which it has the least frontage. When a corner lot
or lot abutting two (2) or more streets or roads shall have equal
frontage on both streets or roads or shall have more than the required
lot depths on both streets or roads, the owner may elect which street
or road he desires to front on.
LOT LINE, REAR
Shall mean that boundary of a lot which is most distant from
and is most nearly parallel to the front lot line.
LOT LINE, SIDE
Shall mean any boundary of a lot which is not a front lot
line or a rear lot line.
LOT OF RECORD
Shall mean a lot which is part of a subdivision recorded
in the office of the county recording officer, or a lot or parcel
described by metes and bounds, the description of which has been so
recorded.
LOT WIDTH
Shall mean the horizontal distance between side lot lines
measured along a line parallel to the front lot line and lying at
a distance therefrom equal to the required front yard on the lot.
MACHINE REPAIR AND SERVICE
Shall mean a use engaged in the repair of industrial equipment,
construction equipment, aeronautical equipment, agricultural equipment
or vehicles, and similar heavy equipment. This shall not include motor
vehicle repair, service or painting.
[Ord. No. 1412-20-14]
MANUFACTURING, HEAVY
Shall mean a use engaged in the manufacture of products from
extracted or raw materials or the manufacture, assembly, fabrication,
packaging or other processing of such products or an outdoor use engaged
in the manufacture, assembly, fabrication, packaging or other processing
of finished or partially finished parts or products from previously
prepared materials. This term shall include, but shall not be limited
to, the above activities involving the following: chemicals, stone
work or concrete product manufacturing, crude oil or similar petroleum
products and tanning.
[Ord. No. 1412-20-14]
MANUFACTURING, LIGHT
Shall mean an indoor use engaged in the manufacture, assembly,
fabrication, packaging or other processing of finished or partially
finished parts or products from previously prepared materials. This
term shall include, but shall not be limited to, the above activities
involving the following: food, textiles, wood, paper, pharmaceuticals,
plastic or metal products. This term shall exclude any use which meets
the definition of Heavy Manufacturing.
[Ord. No. 1412-20-14]
MEDICAL OFFICE
Shall mean a use engaged in providing services for health
maintenance, diagnosis (including testing) and treatment of human
diseases, pain or other physical or mental condition of patients solely
on an outpatient basis. Example medical offices shall include but
are not limited to general physicians, dentists, chiropractors, psychologists,
cardiologists and other various specialties. Urgent care centers and
hospitals shall not be included.
[Ord. No. 1412-20-14]
MOTEL
Shall mean a building or group of buildings used primarily
to provide overnight shelter for transient automobile travelers.
NONCONFORMING LOT
Shall mean a lot or parcel which does not have the minimum
width, depth or contain the minimum area for the district in which
it is located.
NONCONFORMING USES
Shall mean a use which lawfully occupied a building or land
as of April 13, 1964, and which does not conform to the use regulations
of the district in which it is located.
NURSING HOME/LONG TERM CARE FACILITY
Shall mean an institution or distinct portion thereof that
is licensed or approved to provide health care under medical supervision
for twenty-four (24) or more consecutive hours to more than two (2)
residents who are not related to the proprietor or governing authority
by marriage, blood or adoption. Such facility shall be serviced twenty-four
(24) hours per day by a registered nurse and shall provide medical
services and facilities, meals, housekeeping, social services and
physical therapy to its residents.
OFF-STREET LOADING
Shall mean no off-street loading or unloading shall be permitted
in the front or side yard of any lot. No access to loading areas shall
be permitted on corner lots from the front yard in which the main
entrance to the principal structure is located. In such case, access
to loading and unloading areas shall be permitted only in the front
yard in which the main entrance to the principal structure is not
located and at a point located to the rear of any principal structure.
OFFICE
Shall mean a use principally engaged in conducting the affairs
of a business, profession, service industry, or government. Offices
may include accessory uses serving office workers and visitors such
as a café or newspaper stand. Example office uses include but
are not limited to real estate agencies, architecture firms, accounting
firms, financial advising firms and insurance companies. The use shall
not include manufacturing, assembly or productions of goods on the
premises, banks or the sale of goods or products from the premises,
except for accessory sales and banking services intended primarily
as a convenience to office personnel and office visitors.
[Ord. No. 1412-20-14]
OPEN SPACE
Shall mean any landscaped area, including any uses required
to be conducted within the open space, but not including vehicular
parking or loading areas or driveway. It is the land area minus building
area, and vehicular area includes usable roof area.
OUTDOOR ENTERTAINMENT AND RECREATION
Shall mean an outdoor use for the public or private presentation
of and/or participation in performing arts, sports and other recreation
activities. This term shall include but not be limited to amphitheaters
and volley ball. The term shall not include parks and associated recreation
facilities.
[Ord. No. 1412-20-14]
OUTDOOR SALES DISPLAY
Shall mean an outdoor area, not within a building, used for
the display of merchandise available for sale.
[Ord. No. 1412-20-14]
OUTDOOR STORAGE
Shall mean the storage of materials, supplies, vehicles or
equipment used in the conducting of a business outside of a building.
This excludes cars, vans and pick-up trucks (one or two axle vehicles).
[Ord. No. 1412-20-14]
PARKING SPACE
Shall mean an off-street space accessible and usable for
the parking of one (1) motor vehicle and having an area of not less
than two hundred (200) square feet exclusive of passageways and aisles
appurtenant thereto, with a minimum length of twenty (20) feet.
PERFORMANCE STANDARD
Shall mean a criterion established to control noise, odor,
smoke, toxic or noxious matter, vibration, fire and explosive hazards
and glare or heat generated by or inherent in uses of land or buildings.
PERMITTED USE
Shall mean a use or building which is allowed or permitted
within a zoning district.
PERVIOUS COVERAGE
Includes:
[Added 4-9-2019 by Ord.
No. 1512-02-19]
1.
Gravel or loose stone areas that allow water to pass through
to the ground below.
2.
Fences, playground equipment, arbors or outdoor furniture.
3.
Pervious pavers, of which the foundation must allow for free
drainage of rainwater to be directly absorbed by the ground. Cement
foundation is prohibited.
4.
Honeycomb pavers shall be the only permitted pervious use for overnight parking per §
18-1.11 and shall not extend the width of an existing driveway per §
35-108.8.
[Added 6-30-2021 by Ord.
No. 1552-10-21]
PLACE OF PUBLIC ASSEMBLY
Shall mean meeting hall, clubhouse, auditorium, church, synagogue
or other structure or portion of a structure accommodating fifty (50)
or more persons and used at regular or periodic intervals as a gathering
place for purposes of conference, deliberation, worship, entertainment,
amusement, recreation, education or performance of social, athletic
or cultural programs.
PROFESSIONAL PRACTICE
Shall mean the practice of a member of recognized profession,
including but not limited to attorneys, medical practitioners, engineers
and architects.
RESIDENTIAL HEALTH CARE FACILITY
Shall mean an institution or distinct portion thereof that
is licensed by the State of New Jersey Department of Health and Senior
Services to provide health care under medical supervision to two (2)
or more patients unrelated to the proprietor or governing authority
by marriage, blood or adoption. The facility provides independent
living units but also offers meals, social services, medical and/or
personal services and emergency medical care, as needed.
RETAIL SALES
Shall mean a use engaged in the sale of goods directly to
the consumer, where such goods are available for immediate purchase
and removal from the premises by the purchaser.
[Ord. No. 1412-20-14]
RETAIL SERVICES
Shall mean a use engaged in providing services to the general
public for personal or household use, including but not limited to,
those related to beauty, dry cleaning, laundromats, shoe repair, and
tanning. This shall not include medical or office uses such as, but
not limited to, real estate, financial advising or insurance companies.
[Ord. No. 1412-20-14]
ROOF RIDGE
Shall mean the highest portion of the roof as measured from
the first-floor elevation where two (2) or more portions of one (1)
roof join. In the case of a flat roof, the "roof ridge" is the highest
portion of that roof as measured from the first-floor elevation.
ROOMING HOUSE
Shall mean any building or portion thereof or any single-dwelling
unit containing sleeping accommodations for at least two (2) but not
more than ten (10) persons who are not members of a family as defined
in this section. The term "rooming house" shall be deemed to include
lodging house but not hotel or other accommodations used for more
or less transient occupancy.
SCHOOL
Shall mean a use that provides teaching of children or adults
a complete education curriculum and may include primary and secondary
schools, colleges, professional schools, business schools, trade schools,
and similar facilities. Public and private uses are included.
[Ord. No. 1412-20-14]
SELF-STORAGE
Shall mean a use that provides separate compartments for
self-service storage of personal property by individuals and businesses
and where the owner of the personal property is responsible for the
movement of their property, rather than the facility owner. This may
include climate-controlled and refrigerated facilities. The term shall
also include private security vaults.
[Ord. No. 1412-20-14]
SERVICE ESTABLISHMENT
Shall mean a business conducted to render a personal service,
including shoe repair shops, dry-cleaning shops and laundries, or
conducted to render a household service, including the repair of watches,
clocks, locks, furniture, radios, television sets and other household
appliances, but not including the repair of furnaces and boilers,
refrigerators, air conditioners and other articles of similar bulk
and weight.
SEXUALLY ORIENTED BUSINESS
Shall mean (1) a commercial establishment which as one of
its principal business purposes offers for sale, rental, or display
any of the following: books, magazines, periodicals or other printed
material, or photographs, films, motion pictures, video cassettes,
slides or other visual representations which depict or describe a
specified sexual activity or specified anatomical area; or still or
motion picture machines, projectors or other image-producing devices
which show images to one person per machine at any one time, and where
the images so displayed are characterized by the depiction of a specified
sexual activity or specified anatomical area; or instruments, devices,
or paraphernalia which are designed for use in connection with a specified
sexual activity; or (2) a commercial establishment which regularly
features live performances characterized by the exposure of a specified
anatomical area or by a specified sexual activity, or which regularly
shows films, motion pictures, video cassettes, slides, or other photographic
representations which depict or describe a specified sexual activity
or specified anatomical area.
[Ord. No. 1412-20-14]
SIDEWALK AREA
Shall mean that portion of the right-of-way that lies between
the curbline and right-of-way line and within the limits of the extended
property lines; this area varies greatly in width whether improved
or unimproved and is considered and controlled as "sidewalk area."
SIGN
Shall mean any structure or part thereof or device attached
thereto or painted or represented thereon which shall display or include
any letter, work, model, banner, flag, pennant, insignia, device or
representation used as or which is in the nature of an announcement,
direction or advertisement. The word "sign" includes the word "billboard"
but does not include the flag, pennant or insignia of any nation,
state, city or other political unit or of any political, educational,
charitable, philanthropic, civic, professional, religious or like
campaign, drive, movement or event.
1.
Advertising Sign:
(a)
A sign which directs attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than upon the
premises or not exclusively related to the premises.
(b)
A sign which directs attention to a permitted profession, office,
business, commercial enterprise or industry conducted upon the premises,
which sign shall be deemed an integral part of that profession, office,
business, commercial enterprise or industry.
2.
Projecting Sign shall mean any sign which is attached to a building
or other structure and extends beyond the line of the building or
structure or beyond the surface of that portion of the building or
structure to which it is attached.
3.
Ground Sign shall mean any sign supported by uprights or braces
placed upon the ground and not attached to any building.
SMOKE SHOP
Shall mean any premises dedicated as a principal business
to the display, sale, distribution, delivery, offering, furnishing,
or marketing of smoking products, or smoking paraphernalia, including
providing an area for smoking products, but excluding any grocery
store, supermarket, convenience store that sells smoking products,
shall not be included within the definition of smoke shop. An area
for “smoking” shall mean the burning of, inhaling from,
exhaling the smoke from, or the possession of a lighted cigar, cigarette,
pipe or any other matter or substance which contains any matter that
can be smoked, or the inhaling or exhaling of smoke or vapor from
an electronic smoking device.
[Added 1-24-2023 by Ord. No. 1587-1-23]
SOLAR ENERGY FACILITY
Shall mean a structure, and all associated equipment, that
generates electrical energy or heat or hot water produced from solar
radiation or photovoltaic technologies. This shall not include solar
reflective or concentrating technology.
[Ord. No. 1412-20-14]
SOLAR ENERGY FACILITY, ROOF-MOUNTED
Shall refer to a solar energy facility mounted to the roof
of a building, roof or top level of a parking garage, carport or other
structure that provides protection from weather or provides habitable
or storage space. This shall not include facilities mounted above
surface parking lots.
[Ord. No. 1412-20-14]
SOUND LEVEL
Shall mean the sound-pressure level measured in decibels
with a sound-level meter set for A-weighting; "sound level" is expressed
in dBa.
SOUND LEVEL METER
Shall mean an instrument for the measurement of sound levels
as specified in N.J.A.C. 7:29B, which provisions are incorporated
herein by reference.
SPA
Shall mean an establishment that offers a combination of
personal grooming and medical or nonmedical therapeutic services and
facilities such as hair, nail and skin care or treatment and other
services typically found in a beauty shop; massage therapy and similar
therapeutic treatments for the human body; and that may also include
facilities and uses such as, but not limited to, spa tubs, pools,
steam rooms and/or saunas, and shower and locker rooms.
SPECIAL EXCEPTION
Shall mean a use that would not be appropriate generally
or without restriction throughout the zoning district but which, if
controlled as to number, area, location or relation to the neighborhood,
would promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity or general welfare. Such use may
be permitted within such zoning district as a "special exception"
by action of the Zoning Board of Adjustment upon a finding that such
use conforms to the controls and standards as set forth.
SPECIFIED ANATOMICAL AREA
Shall mean (1) less than completely and opaquely covered
human genitals, pubic region, buttock or female breasts below a point
immediately above the top of the areola; or (2) human male genitals
in a discernibly turgid state, even if covered.
[Ord. No. 1412-20-14]
SPECIFIED SEXUAL ACTIVITY
Shall mean (1) the fondling or other erotic touching of covered
or uncovered human genitals, pubic region, buttock or female breast;
or (2) any actual or simulated act of human masturbation, sexual intercourse
or deviate sexual intercourse.
[Ord. No. 1412-20-14]
STORY
Shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above or, if
there is no floor above, the space between the floor and the ceiling
next above. A basement shall be counted as a "story" for the purposes
of this chapter when more than one-half (1/2) of such basement height
is above the average established curb level or above the average finished
grade level at the foundation where curb level has not been established.
STREET
Shall mean an existing state, county or municipal road, or
a street shown upon a plat approved by the Planning Board, or a street
on a plat duly filed and recorded in the office of the County Clerk
prior to the creation of the Planning Board and the grant to the Planning
Board of the power to approve plats.
STRUCTURE
Shall mean any combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
partially below the surface of a parcel of land.
[Ord. No. 1412-20-14]
SWIMMING POOL
Shall mean any structure having a depth greater than two
(2) feet and a water surface area in excess of two hundred fifty (250)
square feet, which is used for swimming, bathing or wading purposes.
URGENT CARE CENTERS
Shall mean a use engaged in providing walk-in, extended hour
access for acute illness and injury care that is either beyond the
scope or availability of the typical primary care practice or medical
clinic. No overnight patients shall be kept on the premises. Medical
offices and hospitals shall not be included.
[Ord. No. 1412-20-14]
USE
Shall mean the purpose for which land or a building is arranged,
designed or intended or for which either land or a building is or
may be occupied or maintained.
USE, ACCESSORY
Shall mean a use which is customarily incidental and subordinate
to the principal use of a lot or a building and which is located on
the same lot.
USE, SPECIFICALLY PROHIBITED
Shall mean a use or building which is not allowed or permitted
within a zoning district. The schedule of district regulations sets
forth the uses or buildings which are permitted within each district.
Those uses or buildings not permitted are prohibited. Those uses listed
as uses specifically prohibited reiterate this prohibition regarding
those particular uses to avoid confusion.
VAPE SHOP
Shall mean any premises dedicated as a principal business to the display, sale, distribution, delivery, offering, furnishing, or marketing of electronic smoking devices, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2), N.J.S.A. 2A:170-51.9(a)(3), N.J.S.A. 2A:170-51-9(a)(4), and Chapter
4, §
4-22 of the Ordinances of the Borough of Little Ferry, including an area for vaping. An area for “vaping” shall mean the inhaling or exhaling of smoke or vapor from any electronic smoking device.
[Added 1-24-2023 by Ord. No. 1587-1-23]
VETERINARY OFFICE
Shall mean a use engaged in providing services for health
maintenance, diagnosis (including testing) and treatment of animal
diseases, pain or other physical or mental condition of animals.
[Ord. No. 1412-20-14]
WAREHOUSING AND DISTRIBUTION
Shall mean a use for the storage, loading, unloading and/or
distribution of goods, products or materials which may include consolidation,
transfer, repacking and value-added services.
[Ord. No. 1412-20-14]
WHOLESALE
Shall mean a use engaged in selling and/or distributing merchandise
to retailers; to industrial, commercial, institutional, or professional
business users, or to other wholesalers; or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies. This shall not include retail sales.
[Ord. No. 1412-20-14]
YARD
Shall mean an open space other than a court on the same lot
with a building or group of buildings, which open space lies between
the building or group of buildings and the nearest lot line and is
unoccupied and unobstructed from the ground upward.
YARD, FRONT
Shall mean a required open, unoccupied space within and extending
the full width of the lot between the front property line and the
main front wall of the building, structure or projection of more than
twenty-four (24) inches therefrom. On corner lots, a "front yard"
shall be provided on each adjoining street frontage.
YARD, REAR
Shall mean an open space, except for permitted accessory
buildings on the same lot with the main building, situate between
the rear wall of the building or structure or any projection therefrom
in excess of twenty-four (24) inches extended to the side lines of
the lot and the rear line of the lot. In the case of corner lots,
the "rear yard" shall be opposite the lot line contiguous to an arterial
street. In the event that the streets being contiguous to the lot
lines of a parcel are of the same classification, then the "rear yard"
shall be opposite the main entrance of the structure facing either
of such streets.
YARD, SIDE
Shall mean an open space, except for permitted accessory
buildings on the same lot with the main building, situate between
a side wall, structure or projection in excess of twenty-four (24)
inches extended to the side lines of the lot and extending from the
front yard to the rear yard.