Any word or term not defined shall be used with a meaning of
standard usage for the context in which the word is used or shall
be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-3 et
seq.
Certain words and terms used in this chapter are defined for
the purpose thereof as follows: words used in the present tense include
the future; singular numbers include the plural, and the plural include
the singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; and the term "such as," where used
herein, shall be considered as introducing a typical or illustrative
example, i.e., the designation of permitted or prohibited uses, activities,
establishments or structures.
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or a cessation of the use
of property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property. "Abandonment" of a nonconforming use requires a discontinuance
of the use and an intent to abandon demonstrated by an overt act.
Either a subordinate building, other structure or tract of
land or a subordinate building or other structure whose use is clearly
incidental to the use of the principal building, other structure or
use of land and which is customarily in connection with the principal
building, other structure or use of land and which is located on the
same zoning lot with the principal building, other structure or use
of land. The area occupied by an accessory building shall be computed
into the building area. The total area of the accessory buildings
and main building shall not exceed the permitted building area. Accessory
buildings shall conform to all requirements of the normal lot, except
that the structure lines shall not be closer to the street side of
the corner than the building line of the main building, or as specifically
set forth in the Bulk Schedule set forth in this chapter.[1] The "accessory use or structure" shall be subordinate
in extent and/or purpose to the principal building or use served and
shall contribute to the comfort, convenience or necessity of the occupants
or purpose of the principal building or use served.
The Zoning Officer, unless a different municipal official
or officials are designated by ordinance or statute or salary guide
to accept and agendize incoming applications and amendments and revisions
thereto.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other films, tapes, periodicals
or other media which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities.
A development that is inclusionary development, a municipal
construction project containing affordable units or a 100-percent
affordable development. This shall include any project that contains
restricted very-low-, low-, moderate units on- or off-site. This shall
also include any project that utilizes funds from the City’s
Regional Contribution Agreements (“RCA”).
[Added 9-8-2021 by Ord. No. 1989-2021]
A change, modification or rearrangement in structural parts
or in existing facilities or an enlargement, whether by extension
of a side or by an increase in height or by a move from one location
or position to another; any conversion of a building or part thereof.
"Alteration" shall mean to change the appearance of exterior elements
of a structure or to change the materials used. A change in the exterior
color of a structure shall be considered an "alteration" within the
terms of this definition only with respect to properties with historic
preservation potential and only if the change in color entails the
application of paint to a surface which has not been painted before.
Ordinary maintenance shall not be considered an "alteration" within
this definition.
A business establishment utilized, wholly or in part, for
the accommodation of six (6) or more coin-operated amusement devices,
machines, apparatuses, contrivances, appliances or devices which may
be operated or played upon by the placement and depositing therein
of any coin, check, slug, ball or any other article or device or by
paying therefor, either in advance or after use, and operated by the
public for use as a game, entertainment or amusement.
Includes devices such as marble machines, skillball, pinball,
mechanical grab machines, machines or contrivances commonly known
as "bagatelle," "baseball," "football," "hockey," "pool table," "target
shooting," "shuffleboard" or "shuffle alley," "electronic video games,"
"miniature bowling machines" or any similarly named device or any
device which utilizes an electronic display to reproduce symbolic
figures and lines intended to be representative of real games or activities.
Specifically excluded shall be any device, whether operated by coin
or not, which merely provides a ride, sensation, electronic reading
or weight for use by and to the amusement of the public or the dispensing
or vending of merchandising or music or any mechanical or amusement
device which is otherwise the subject of regulation and licensure
of the City of Perth Amboy.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
Either the Planning Board or Zoning Board of Adjustment,
whichever Board has jurisdiction over the development application,
unless a different agency is designated by ordinance when acting pursuant
to the authority of this chapter.
A subterranean bed or stratum of earth, gravel or porous
stone that contains water and forms a natural reservoir of underground
water.
That part of a building which is immediately below and wholly or partly within the roof framing and which is not a story or half story. (See "half story"). Refer to Section 430-60GG for use limitations.
[Amended 9-21-2005 by Ord. No. 1304-2005]
Any establishment servicing motor vehicles, including self-service,
with fuel and oil, but not including repairs, changing of tires or
any other replacement of accessory parts.
[Added 9-21-2005 by Ord.
No. 1304-2005]
[Repealed 9-21-2005 by Ord. No. 1304-2005]
Any establishment servicing motor vehicles, including major
repair services, vehicle parts sales, wrecker and hauling services,
bodywork and painting and heavy repair requiring engine or drive train
dismantling. Whenever trucks, buses, or heavy equipment is repaired,
even for oil changes, lubrication, minor tune-ups, installation of
batteries, tires, wiper blades and similar minor repairs, the establishment
shall be considered an "automotive repair garage".
[Amended 9-21-2005 by Ord. No. 1304-2005]
Any establishment selling motor vehicles, new or used, and
supplies and accessories and/or any establishment providing motor
vehicle cleaning and washing services, minor repair facilities for
passenger vehicles as defined under "Automotive Service Station",
public garages, and other automotive related uses, including but not
solely the storage of vehicles.
[Amended 9-21-2005 by Ord. No. 1304-2005]
Any establishment servicing passenger motor vehicles with
gas, oil, lubrication services, lubricants, and other vehicle maintenance
supplies and parts and equipment not requiring extensive or prolonged
mechanical work for installation. Service work offered should be limited
to towing, oil changes, lubrication, minor tune-ups, installation
of batteries, tires, wiper blades and similar equipment, wheel balancing
and alignment and the replacement of minor mechanical parts such as
hoses, spark plugs, ignition wiring, points, alternators, water pumps,
and similar parts not requiring engine and drive-train dismantling.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A roof-like retractable or fixed canvas, fabric or vinyl
covered frame that projects from the wall of a building for the purpose
of shielding a doorway or window from the elements.
[Amended 9-21-2005 by Ord. No. 1304-2005]
That portion of a building which is partly below and partly above average finished grade and having one-half (1/2) or more of its height above average finished grade, the floor of which is not less than three (3) feet below finished grade at any point around the building. Basements shall be considered a half story. Refer to Section 430-60GG for use limitations.
[Amended 9-21-2005 by Ord. No. 1304-2005]
See SIGN, BILLBOARD.
[Amended 9-21-2005 by Ord. No. 1304-2005]
Any building, together with any related structure, accessory
building and land appurtenant thereto and any part thereof, which
contains two (2) or more units of dwelling space arranged or intended
for single-room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel or motel or established
guesthouse wherein a minimum of eighty-five percent (85%) of the units
of dwelling space are offered for limited tenure only, any foster
home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1),
any community residence for the developmentally disabled as defined
in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-1 et seq.) or any
dormitory owned or operated on behalf of any nonprofit institution
of primary, secondary or higher education for the use of its students.
The Board of Adjustment of the municipality, established
pursuant to N.J.S.A. 40:55D-69 et seq.
An area consisting of trees, shrubs, solid fencing, earth
berms or a combination thereof so installed as to provide both a visual
and an acoustical barrier between properties. Solid fencing may be
substituted to meet only part of the requirement and must be supplemented
with planting to soften the appearance.
An area in which no building, parking area, driveway (except
to provide access to property), street, sign (except a traffic directional
sign) or storage of materials shall be permitted and which shall consist
of a dense and continuous landscaped screening area, planted and maintained,
containing fences, massed trees and shrubs of such species and size
as will produce a sufficient density to obscure or confine throughout
all seasons automobile headlight glare, site noise, windblown debris
and other typical and frequent nuisance problems, as well as create
an aesthetically pleasing and attractive view to mask or obscure the
use, function or structure located upon the site.
Any structure built or used for the support, shelter or enclosure
of persons, animals chattels or movable property of any kind which
is permanently or temporarily affixed to the land and having a roof
supported by columns, piers or walls, or having other supports, and
any unroofed platform, terrace or porch having a vertical face higher
than three (3) feet above the level of the ground from which the height
of the building is measured.
The total of areas of outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
a vertical face of less than three (3) feet above the level of the
ground from which the height of the building is measured.
The vertical distance measured from the lowest elevation of the proposed finished grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof, and to the average height of a gable, hip or gambrel roof. The building height shall not include church steeples, elevator shafts, emergency exits, chimneys, or roof-mounted equipment, subject to special conditions of Section 430-60 II. If a building has primary entrances on more than one (1) street, the elevation shall be measured from the lowest elevation along the building frontage.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A line formed by the intersection of a horizontal plane at
the average grade level and a vertical plane that coincides with the
exterior surface of the building on any side. In case of a cantilevered
or projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the "building line."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The term used to describe the size and mutual relationships
of buildings and other structures, and therefore includes:
The size of buildings and other structures.
The shape of buildings and other structures.
The location of exterior walls of buildings and other structures
in relation to lot lines, to the center line of streets, to other
walls of the same building and to other buildings or structures.
All open spaces relating to a building or structure.
A retaining wall created along a body of water behind which
fill is placed.
A room or group of rooms used primarily for conducting the
affairs or purpose of profit or improvement of an occupation, nonprofessional,
service or nontradesman activity on a fee or contract basis.
Any premises for the transient housing or parking of motor-driven
buses and the loading and unloading of passengers.
The diameter of a tree trunk measured in inches and measured
twenty-four (24) inches above ground level for all trees.
The section of a street, road or highway or right-of-way
located between the curblines which is normally used by vehicular-type
traffic, commonly known as the "paved areas" of the street.
A building or structure, or portion thereof, where motorized
vehicles are washed or cleaned, in whole or in part, with the use
of a mechanical device, whether self-service or by staff.
A story having more than one-half (1/2) of its clear height below the average finished grade level of the adjoining ground. Refer to Section 430-60GG for use limitations.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A certificate issued by the Construction Official upon completion
of the construction of a new building or upon a change in the use
or the occupancy of a building which certifies that all requirements
of this chapter, or such adjustments thereof which have been granted,
and all other applicable requirements have been complied with.
A statement issued by the administrative official upon completion
of construction, alteration or change in occupancy or use of a building.
Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Adjustment and/or all other applicable requirements.
Retail outlets with the same name, selling similar types
of merchandise, operating under a common merchandising policy and
usually owned or franchised by a single corporate entity.
An alteration in a building heretofore existing to a new use group which is subject to other requirements of this chapter or other special provisions of law governing building construction, equipment or means of egress as established within Chapter 184, Construction Codes, Uniform.
A private establishment enrolling four (4) or more children
and where tuition, fees or other forms of compensation for the care
of children are charged, whether or not licensed or approved to operate
as a child-care center by the New Jersey Division of Youth and Family
Services (NJDYFS).
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship and religious instruction,
meeting rooms and recreational facilities appurtenant thereto. For
the purpose of this chapter, the word "church" shall include chapels,
congregations, cathedrals, temples, synagogues and similar designations
as well as parish houses, convents and such accessory uses.
The City of Perth Amboy, Middlesex County, New Jersey.
[Added 9-8-2021 by Ord. No. 1989-2021]
"Medical, chiropractic, acupuncture or dental clinic" means
any place used for the administering of medical or dental treatment
free or at a low cost or any place used as an inpatient or outpatient
medical or dental treatment center wherein certain medical and dental
conditions and disorders are treated primarily through surgical intervention
that is not commonly performed in normal, private medical or dental
practice.
A profit or nonprofit corporation, organization or association
of persons who are members thereof, which owns or leases a building,
or part thereof, for the use of members or guests. Said "clubs" or
lodges shall have been principally established for the promotion of
a common objective and shall be distinctly not considered as a semipublic
use under the provisions of this chapter. Food, meals and alcoholic
beverages may be served as an incidental function of this use, provided
that adequate facilities are present, and further provided that all
federal, state and municipal laws are complied with.
[Amended 9-21-2005 by Ord. No. 1304-2005]
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
[Added 9-8-2021 by Ord. No. 1989-2021]
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 or enjoyment of residents and owners of
the development.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance under such supervision as required to not more
than fifteen (15) developmentally disabled or mentally ill persons
who require assistance, temporarily or permanently, in order to live
in the community, and shall include but not be limited to group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels.
An integrated development of such uses as, by way of illustration,
retail stores and shops, personal service establishments, professional
and business offices, banks, post offices, restaurants and auditoriums
housed in an enclosed building or buildings and utilizing such common
facilities as customer parking, pedestrian walkways, truck loading
and unloading space, utilities and sanitary facilities.
An application is certified as complete by the administrative
officer when it meets all of the submission requirements as specified
in this chapter. When the application is certified complete, the time
period commences for Board review.
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 this chapter and upon the approval of the Planning
Board or, where required by N.J.S.A. 40:55D-70, by the Zoning Board
of Adjustment.
Ownership of real property combining ownership in fee simple
of a dwelling unit and undivided ownership in common with other purchasers
of the common elements in the structure and including the land and
its appurtenances.
A dwelling providing shelter and services for the elderly,
which may include meals, housekeeping and personal care assistance.
That person designated by the salary guide title in the municipality
pursuant to the Uniform Construction Code of the State of New Jersey.
A lot at the junction of and fronting on two (2) or more
intersecting streets.
The County Planning board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
Any court except an outer court.
One which extends its full width from a front, rear or side
yard.
An open, unoccupied space bounded on at least two (2) opposing
sides by a building wall but not a front, side or rear yard. "Courtyard"
shall apply to multifamily or high-rise buildings only.
The area of a lot or the percentage of a lot occupied by
a building, structure or use.
The grade of the curb in front of the midpoint of the lot
as established by the Municipal Engineer.
A private establishment enrolling four (4) or more children
between two (2) and five (5) years of age and wherein tuition, fees
or other forms of compensation for the care of the children are charged
and which is licensed or approved to operate as a child-care center.
The term "day-care center" should include child-care center and nursery
school.
Calendar days.
When applied to an action affecting a property with historic
preservation potential, it shall mean an action of such a minimum
nature that the purpose of historic preservation as defined in this
chapter will not thereby be materially affected and an action that
does not increase the degree of noncompliance with respect to any
bulk regulation set forth in this chapter.
To partially or completely take down a structure.
The number of dwelling units provided by the total land area
of the lot or lots comprising the tract of land for which the development
application is made.
The number of dwelling units which may be developed or that
portion of the tract exclusive of public street, right-of-way, floodway,
delineated wetlands, conservation/preservation areas, open space areas,
streams or water bodies, existing public utility easements and such
other areas which may not be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
[Added 9-8-2021 by Ord. No. 1989-2021]
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, including alteration to a site, for which permission may be
required pursuant to this chapter.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
[Added 9-8-2021 by Ord. No. 1989-2021]
An establishment where patrons dance to recorded music and
which may also feature go-go dancers.
A single store or group of stores advertising a wide variety
of merchandise for sale at less than retail cost, including "99 cent"
and similar type stores.
[Amended 9-21-2005 by Ord. No. 1304-2005]
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control to minimize erosion
and sedimentation during and after construction or development and
means necessary for water supply preservation or prevention or alleviation
of flooding.
An establishment which is designed to provide, whether wholly
or in part, service to customers while in their automobiles parked
or standing upon the premises or which is designed for the transferal
of food and/or beverage without leaving the vehicle.
An establishment which, by design, physical facilities, service
or by packaging procedures, encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicles.
A building designed or used exclusively as the living quarters
for one (1) or more families.
One (1) dwelling unit in a line of two (2) or more structurally
joined dwelling units, with each dwelling unit having individual access,
with open space in front and rear.
A building surrounded by open space on the same zoning lot
and being the only principal building occupying that lot.
Any building with a common passageway consisting of more
than five (5) stories or more than sixty (60) feet in height in which
building there are one (1) or more suites of rooms on each floor.
A medium or mid-rise building is any building with a common
passageway which is three (3) or five (5) stories or thirty-five (35)
to sixty (60) feet in height, in which building there are one (1)
or more suites of rooms on each floor.
A building designed for or occupied exclusively by three
(3) or more families or households living independently of each other.
[Repealed 9-21-2005 by Ord. No. 1304-2205]
A detached building designed for, or occupied exclusively
by, one (1) family or household.
A variation of the traditional one-story ranch house, designed
to fit on a narrow lot, with an angled or altered architectural form,
with the elimination of side and/or front yards, with private spaces
fenced, usually on a square or reduced-size lot, with parking usually
occurring within the unit in a garage.
A one-family dwelling attached to another one-family dwelling
by a common vertical wall with each dwelling located on a separate
lot.
A building for, or occupied exclusively by, three (3) families
of separate residence, living independently of each other.
A multifamily dwelling consisting of more than two (2) attached
single-family residences, constructed in a continuous row, in which
each residential unit may be defined as a vertical construction unit
served by its own utilities and services, designed for conveyance
either as a condominium or as a planned development, in which each
unit has its own front and rear access to the outside and each dwelling
unit is separated from another by one (1) or more common fire-resistant
walls and wherein each dwelling unit shall have separate individual
utility systems and with private rear yard areas.
A building designed for, or occupied exclusively by, two
(2) families of separate residence, living independently of each other,
but located on a single lot.
A house, trailer or other structure or a portion of any building
or structure designed, arranged or used for living quarters for one
(1) or more persons living as a single housekeeping unit with cooking
and bathroom facilities, but not including units in hotels or other
structures designed for transient residence.
A dwelling unit consisting of a single room or common open
space, inclusive of bathroom and kitchen facilities.
A grant of one (1) or more property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity, within which the owner of the property shall not
erect any permanent structures.
A building or facility, with its exterior structures and
equipment, used or designed to be used to facilitate the transformation
and distribution of electric power, energy and light to customers,
but not including repair facilities, storage of plant materials or
spare parts (other than those carried for the particular installation)
or storage of equipment, automobiles or trucks or housing or quarters
for installation, repair or trouble crews.
A private or nonprofit organization which is not organized
or operated for the purpose of carrying on a trade or business and
no part of the net earnings of which are for the benefit of any individual.
A municipal advisory board created pursuant to N.J.S.A. 40:56A-1
et seq.
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment or may require limited development or in certain
instances may preclude development.
An analysis describing the impact or effect of a proposed
program or project on the existing environmental, social and economic
conditions in the area.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
[Added 9-8-2021 by Ord. No. 1989-2021]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity, whether naturally or humanly induced.
A deed, bond, money or a piece of property delivered to a
third person to be delivered by him to the grantee only upon fulfillment
of a condition.
The erection, construction, alteration or maintenance of
underground, surface, or overhead electrical, communications, gas,
steam, water and sewerage transmission and collection systems and
the equipment and appurtenances necessary for such systems to furnish
an adequate level of public service.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A long-term-care facility or a distinct part of a facility
licensed or approved as a nursing home, infirmary unit of a home for
the aged or a governmental medical institution.
Any wall which defines the exterior boundaries of a building
or structure.
The manufacturing from standard parts of a distinct object
differing from the individual components.
The total wall surface, including door and window areas of
a building's face. Each wall surface shall be considered a separate
"facade."
One (1) or more persons related by blood, legal adoption
or marriage occupying a premises and living as a single nonprofit
housekeeping unit; or one (1) or more persons living together as a
single, nonprofit housekeeping unit whose relationship is of a permanent
and domestic character. The existence of a fraternity, sorority, club,
religious order or similar relationship shall not alone be sufficient
to quality as a "family" hereunder.
See RESTAURANT, FAST-FOOD
[Amended 9-21-2005 by Ord. No. 1304-2005]
Ownership of real property combining ownership of a dwelling
unit and the lands upon which it is situated.
An artificially constructed barrier erected for the enclosure
of yard areas.
The official action of the approving Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision which
is presented to the municipal agency as provided for in this chapter.
Any assistance permitted or required by the state to be furnished
by an owner or operator to a resident in the management of personal
financial matters, including but not limited to the cashing of checks,
holding of personal funds for safekeeping in any manner or assistance
in the purchase of goods or services with a resident's personal funds.
A lot which may or may not front or abut a public or private
road but where access to the public or private road is by a narrow
private right-of-way, easement or other narrow strip of land.
An indoor or outdoor market at which new or secondhand merchandise
is sold by individual vendors from booths, stalls or parked vehicles.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior faces of exterior
walls or from the center line of walls separating two (2) buildings.
The "floor area" of a building or buildings shall include:
Floor space used for mechanical equipment with structural headroom
of seven (7) feet six (6) inches or more.
Attic space, where a floor has actually been laid, providing
structural headroom of seven (7) feet six (6) inches or more.
Interior balconies and mezzanines.
Enclosed porches.
However, the "floor area" of a building shall not include:
Cellar space, except that cellar space used for retailing shall
be included for the purpose of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
Floor space used for mechanical equipment with structural headroom
of less than seven (7) feet six (6) inches.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven (7) feet six (6)
inches.
Uncovered steps.
Terraces, breezeways and open porches.
Accessory off-street parking spaces.
The total of all floor areas of a building, excluding heating,
ventilating and air-conditioning (HVAC) equipment rooms, interior
vehicular parking or loading and all floors below the first or ground
floor, except when used or intended to be used for any human habitation
or any service to the public.
The total of all floor areas of the building or buildings
of that zoning lot, divided by the area of that zoning lot, all in
square feet.
A commercial establishment in which food is processed or
otherwise prepared for human consumption but not consumed on the premises.
a group of people formally organized for a common interest,
usually cultural, service, religious or entertainment, with regular
meetings, rituals and formal written membership requirements.
Establishments primarily engaged in undertaking the transportation
of goods from shippers to receivers for a charge covering the entire
transportation route and, in turn, making use of the services of other
transportation establishments as instrumentalities in effecting delivery.
An enclosed building or enclosed space accessory to the principal
building which provides storage for motor vehicles and in which no
occupation, business or service for profit is carried on.
Any garage or structure, other than a private garage, available
to the public, operated for gain and which is used for temporary parking
and/or inside storage of automobiles or other passenger motor vehicles,
excluding buses and other similar vehicles.
[Amended 9-21-2005 by Ord. No. 1304-2005]
One (1) or more multifamily buildings not more than two and
one-half (2 1/2) stories above the curb level or not more than
three (3) livable floor levels and on a landscaped site designed and
erected as an integrated development with singleness of use and operation
and which contains such common facilities as pedestrian walks, open
spaces and recreation areas in accord with minimum standards stated
in this chapter, off-street parking and/or garage facilities concomitant
with unit density, complete utility systems and free two-way access
provided from two (2) or more directions.
Two (2) or more garden apartments on a single lot.
The conditions under which preliminary approval is granted,
including zoning plat details, improvements, off-site improvements
and design standards.
The completed surfaces of lawns, walks and roads brought
to grade as shown on municipally reviewed plans or designs conforming
to established municipal standards.
The degree of rise or descent of a sloping surface above
or below a horizontal plane.
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Added 9-8-2021 by Ord. No. 1989-2021]
The total floor area for which a tenant pays rent and which
is designed for the tenant's occupancy and exclusive use.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. No portion of a lot included in a street right-of-way shall
be included in calculating the lot area. Riparian lands shall be included
in calculating the lot area. Riparian lands shall be included to determine
lot area, but only lands up to the bulkhead line shall be used to
determine gross lot density.
Institutional group quarters are living quarters occupied by
one (1) or more persons under custody or care, such as:
Children in an orphanage.
Patients in a nursing home.
Patients in a chronic disease ward or institution.
Prisoners in a penitentiary.
|
NOTE: Halfway houses and general and maternity wards at a hospital
are never institutional group quarters, even though the persons staying
there are under custody and/or care.
|
Noninstitutional group quarters.
Noninstitutional group quarters include the living quarters
such as:
Nurses, interns and staff dormitories.
General and maternity wards at hospitals, provided that one
(1) or more patients have no usual home elsewhere.
All halfway houses, including those that provide medical care
and/or where residents stay involuntarily.
The quarters occupied by a staff member [and any member(s) of
his/her family] within any group quarters is a housing unit, provided
that it meets the criteria of separateness and direct access; otherwise
it is separate noninstitutional group quarters.
Shelters, missions and so forth for the homeless.
In addition, noninstitutional group quarters include any living
quarters (other than those classified as institutional group quarters)
which are occupied by ten (10) or more persons unrelated to each other
or by nine (9) or more persons unrelated to the resident who owns
or rents the living quarters.
The area of all floors or a building measured at the exterior
of the walls thereof, excluding cellars, attics, closets, porches,
patios, terraces, carports, breezeways, verandas and garages and any
other unheated areas.
[Amended 9-21-2005 by Ord. No. 1304-2005]
For all areas under roof, the minimum ceiling height of seven (7) feet six (6) inches for not less than one-fourth (1/4) and not more than one-half (1/2) of the area under roof shall be considered a half story. Anything less than permitted shall be considered an attic, anything more than permitted shall be considered a full story. Basements shall be considered half stories. Refer to Section 430-60GG for use limitations.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A facility or institution, whether public or private.
An occupation or a profession which:
[Amended 3-27-2013 by Ord. No. 1668-2013]
Is customarily carried on in a dwelling unit or in a building
or other structure accessory to a dwelling unit;
Is carried on by a member of the family residing in the dwelling
unit for residential purposes;
Is clearly incidental and secondary to the use of the dwelling
unit for residential purposes; and
Conforms to the following additional conditions:
The occupation or profession shall be carried on wholly within
the principal building or within a building or other structure accessory
thereto, but shall be limited to no more than one-fourth (1/4) of
the total gross floor area of all the buildings on the lot. In the
R-M Residential Zone, the occupation or professional shall be limited
to no more than one-fourth (1/4) of the total gross area of the dwelling
unit.
Not more than two (2) persons outside the family shall be employed
in the home occupation.
There shall be no exterior display, no exterior sign (except
as permitted under the definition of "sign" below), no exterior storage
of materials and no other exterior indication of the home occupation
or variation from the residential character of the principal buildings.
However, under no circumstances shall exterior displays or signs be
permitted in the R-M Residential Zone.
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced.
No traffic shall be generated by any home occupation which is
greater in volume than would normally be expected for solely residential
use.
No more than two (2) clients, customers, or patrons shall be
permitted at any given time on the premises for business or commercial
purposes. However, in the R-M Residential Zone, no clients, customers,
patients, or patrons shall be permitted at any time.
A community association which is organized in a development
in which individual owners share common interests in open space or
facilities.
An institution which maintains and operates organized facilities
and services for the diagnosis, treatment or care of persons suffering
from illness, injury or deformity and/or obstetrics and in which all
diagnosis, treatment and care are administered by or performed under
the direction of persons licensed to practice medicine or osteopathy
in the State of New Jersey. Said institution shall also conform to
the revised standards for hospital facilities as adopted by the State
Board of Control or the Department of Health.
A series of attached, semiattached or detached dwelling units
operated as a single business, containing individual sleeping or living
units with bathrooms and closet space, with or without kitchens, designed
for or used to provide housing accommodations, for a consideration,
to tourists, transients and travelers and held out to the public as
accommodations by the day, week or month.
An "item of information", as related to signage, shall mean
any word, syllable, initial, abbreviation, number, symbol or geometric
shape.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A lot or structure, or part thereof, used primarily for the
collection, storage and sale of wastepaper, rags, scrap metal or discarded
material or for the collection, dismantling, storage and salvaging
of machinery and/or motor vehicles or parts thereof.
A structure or room equipped for conducting scientific experiments,
analysis, examinations, research, testing and/or other experimental
technical work.
Includes improvements and fixtures on, above or below the
surface.
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams or any other areas of features
which can be reasonably included, but shall not include areas occupied
by buildings or structures, paving for parking, loading or access
thereto, required buffers or areas utilized for outside storage.
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.
An area of land which is determined by the limits of the
lot lines bounding the area and shall be expressed in terms of square
feet. Any portion of a lot included in a street right-of-way shall
not be included in calculating "lot area."
A lot at the junction of and fronting on two (2) or more
intersecting streets when the interior angle of intersection does
not exceed one hundred twenty degrees (120°). All lot lines that
front on a street shall be considered front lot lines. There shall
be no side lot line on the side of a building fronting on a street.
The lot line or lines generally parallel to the rear of the building
shall be considered the rear lot line or lines. In the case of a building
facing toward the interior angle, rather than solely on one (1) street
frontage or the other, there shall be no side lot lines, and any lot
lines other than those considered front lot lines shall be considered
rear lot lines. "Corner lots' shall provide the minimum front yard
setback for the respective zone for all intersecting streets. Residential
"corner lots" on collector, major or arterial streets shall have driveway
access only to the street of lesser traffic classification. Exception
to the above standard shall only be in the R-25 Residential Zone,
where the corner lot is twenty-five feet by one hundred (25 x 100)
feet. In this case, the front yard setback shall apply to the front
entrance side of the building, and the side yard of the building fronting
on a street shall have a minimum side yard setback of five (5) feet.
Rear yard setback shall only apply to the side opposite the front
entrance.
[Amended 9-21-2005 by Ord. No. 1304-2005]
The proportion of the area of a lot, expressed as a percent,
that is covered by the building or buildings, including accessory
buildings. An aboveground swimming pool shall not be included in determining
the percentage of "lot coverage," but a below-ground swimming pool
shall be included in determining the percentage.
The shortest horizontal distance between the street line
and the nearest part of a rear lot line. The greater frontage on a
corner lot shall be its depth.
The horizontal distance between side lot lines measured along
the street line. The minimum "lot frontage" shall be the same as the
lot width, except that on curved alignments with an outside radius
of less than five hundred (500) feet, the minimum distance between
the side lot lines measured at the street line shall not be less than
sixty percent (60%) of the required minimum lot width.
A lot other than a corner lot.
The boundary line of a parcel of land as shown on a certified
filed map or as defined by a filed map, or both. A "lot line" shall
not be considered unless legally subdivided.
Any lot which is part of a subdivision recorded in the office
of the County Clerk, or a lot or parcel described by metes and bounds,
the description of which has been so recorded.
A lot running through from one (1) street to another.
The horizontal distance between straight lines connecting
front and rear lot lines at each side of the lot, measured parallel
or nearly so to the front and rear lines so determined and across
the rear of the required front yard; provided, however, that the width
between side lot lines at their foremost points (where they intersect
with the street right-of-way) shall not be less than eighty percent
(80%) of the required lot width, except in the case of lots on the
turning circle of culs-de-sac, where a fifty-percent (50%) requirement
shall apply.
For zoning purposes, as covered by this chapter, a "zoning
lot" is a parcel of land of at least sufficient size to meet the minimum
zoning requirements for uses, coverage and area and to provide such
yards and other open space as are herein required. Such lot shall
have frontage on an improved public street and shall be only the lands
designated as the tract to be used, developed, occupied or built upon,
and may consist of a single lot of record; a portion of a lot of record;
a combination of complete lots of record, of complete lots of record
and portions of lots of record or portions of lots of record; or a
parcel of land described by metes and bounds, provided that in no
case of division or combination shall any residual lot or parcel be
created which does not meet the requirements of this chapter.
Any security which may be accepted by the municipality for
the maintenance of any improvements required by this chapter.
A development plan of one (1) or more lots which proposes
new development or involves planned development or any new street
or extension of any off-tract improvement.
Any subdivision not classified as a minor subdivision.
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any roof-like permanent construction using rigid building
materials (and not canvas or vinyl or other flexible fabric) as its
covering material that projects from the wall of a building for the
purpose of shielding a doorway or window from the elements.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A composite of one (1) or more written or graphic proposals
for the development of the municipality as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
A value in an ordered set of values, below and above which
there are an equal number of values.
The "minimum contiguous acreage" of a planned unit development
shall include all riparian rights. Two (2) separate tracts separated
by a public road or railroad shall not render the tract noncontiguous.
A development plan of one (1) or more lots which proposes
new building area of not more than four thousand nine hundred ninety-nine
(4,999) square feet, does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
A subdivision of land that does not involve the creation
of more than two (2) lots, a planned development, any new streets
or the extension of any off-tract improvement, the cost of which is
to be prorated pursuant to N.J.S.A. 40:55D-42. The creation of lots
may include the two (2) new lots plus the lands remaining. Only one
(1) "minor subdivision" shall be permitted on one (1) parcel of land.
[Amended 9-21-2005 by Ord. No. 1304-2005]
The mean sea level, elevation 0.00, as determined by the
National Geodetic Vertical Datum, 1929.
[Amended 9-21-2005 by Ord. No. 1304-2005]
Refers to either the Municipal Planning Board or the Zoning
Board of Adjustment or the governing body when acting pursuant to
the Municipal Land Use Law,[2] depending on which Board has reviewing authority. The
word "agency" shall mean "municipal agency."
Any building used or facility owned, operated, subsidized
or otherwise assisted by act of the City of Perth Amboy.
The City of Perth Amboy.
Any establishment, which cuts or styles hair and/or nails
at stations, where a "station" is a seat in which the client sits
for treatment.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A building which in its design or location upon a lot does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot or parcel which does not have the minimum width or
contain the minimum area for the zone in which it is located or the
use to which it is being put.
A "nonconforming use" of a building or lot shall include
any use, whether of a building, other structure or a tract of land,
which does not conform to the use or bulk regulations of this chapter
for the district in which such nonconforming use is located, either
at the effective date of this chapter or as a result of subsequent
amendments which may be incorporated into this chapter. All other
lawfully occupied uses are deemed conforming.
An area or site where plants, trees and shrubs are grown
for transplanting, for use as stocks, for butting and grafting or
for sale.
A school licensed by the State of New Jersey to provide daytime
care to instruction for two (2) or more children from two (2) to five
(5) years of age, inclusive, and operated on a regular basis.
A facility for two (2) or more convalescent or aged people,
which may include kitchen facilities, recreation areas and similar
necessary adjunct uses or patient care.
The specific purpose for which land or a building is used,
designed or maintained.
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 a contiguous portion of a street or
right-of-way.
An off-street parking area for passenger vehicles, including
the storage area for each vehicle and necessary maneuvering area for
each vehicle. Space for maneuvering incidental to parking or unloading
shall not encroach upon any public way. Every off-street parking facility
shall be accessible from a public way.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A roofed piazza, porch or porte cochere which projects beyond
the main wall of a building into a yard, of which the columns supporting
the roof shall present a minimum obstruction to the view and the circulation
or air.
An unoccupied space open to the sky on the same lot with
a principal and/or accessory building.
Any individual, firm, association, syndicate, copartnership
or corporation having proprietary interest in the land which is the
subject of a development application.
One (1) or more lots or parts thereof.
An open, unenclosed area used for the storage of any type
of vehicle, which area is available to the general public or specific
users, operated with or without a fee, and which area is not directly
operated as a required accessory use incidental to an active permitted
principal use. Any "parking lot" not operated as a required accessory
use to an active permitted principal use shall be deemed a conditional
use under this chapter.
An off street space available for the parking of a motor
vehicle, which in this chapter is held to be an area of nine (9) feet
wide and eighteen (18) feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto, except that all parallel
off-street parking spaces shall have an area of ten (10) feet wide
and twenty-two (22) feet long and all handicap parking spaces shall
be an area of twelve (12) feet wide and eighteen (18) feet long.
A common shared wall between two (2) separate structures,
buildings or dwelling units.
A single-family detached housing type on a separate lot,
characterized by a zero lot line configuration with little or no side
yard setback on one (1) boundary and outdoor living space (patio and
courts) integrated into the building design.
An establishment with more than two (2) coin-operated amusement
games, such as pinball machines, electronic games, coin-operated bowling
games and the like or more than one (1) jukebox. Establishments with
fewer than the above are permitted as accessory uses in commercial
establishments.
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than ten
percent (10%) of the total "performance guaranty" in cash.
Those active services or functions exclusively devoted to
the active effort of promoting human welfare, maintained or supported
by an act, gift or organized distribution of funds.
An area with a contiguous acreage of ten (10) acres or more
to be developed as a single entity according to a plan, containing
one (1) or more residential clusters or planned unit residential developments
and one (1) or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter. Contiguous acreage under
this definition shall include all riparian rights.
A map or maps of a subdivision or site plan.
A plan of a lot or subdivision on which is shown the topography,
location of all existing and proposed buildings, structures, roads,
rights-of-way, boundaries, all essential dimensions and bearings and
any other information deemed necessary by the Board of Adjustment
in unusual or special cases.
The conferral of certain rights pursuant to this chapter
prior to final approval, after specific elements of a development
application have been agreed upon by the municipal agency and the
applicant.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the municipal agency.
A lot containing a building or structure.
A place in which an occupation that properly involves a scientific,
artistic, educational, clerical, administrative, executive or equivalent
activity of a mental rather than manual labor is carried out in a
single-purpose structure.
The office, studio or occupational room of a physician, surgeon,
dentist, architect, artist, musician, professional engineer, lawyer
or similar person, arranged in such order that such use is conducted
entirely within a dwelling which is the bona fide residence of the
principal practitioner; where no other persons are engaged in the
occupation, with the exception of not more than two (2) employees;
and where such use does not occupy more than twenty-five percent (25%)
of the net livable floor area of the dwelling.
A use that is not a permitted use in a zone district.
[Amended 9-21-2005 by Ord. No. 1304-2005]
An extension of a building which protrudes or juts out from
the vertical plane of the building not more than two (2) feet.
A lot or parcel line that defines the limits of ownership.
A structure owned and/or use by the municipality.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel, the biological as well as drainage function
of the channel, and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonprofit
pollution.
An open space area conveyed or otherwise dedicated to the
municipality, Board of Education, state or county agency or other
public body for recreational or conservational uses. Dedication and
acceptance of "public open space" shall be undertaken as required
by this chapter.
Those facilities operated by but not limited to religious
organizations, veterans' organizations, fraternal organizations and
other institutions or organizations of a similar type but not necessarily
belonging to the aforementioned categories.
The majority of a full authorized membership of a municipal
agency.
A vehicle-type portable structure without permanent foundation
which can be towed, hauled or driven and primarily designed as a temporary
living accommodation for recreational, camping and travel use, including
but not limited to travel trailers, truck campers, camping trailers
and self-propelled motor homes.
A privately owned strip of land of less width than the lot
depth required by this chapter and bounded on one (1) side by a proposed
street and on the other by the boundary of a subdivision containing
said proposed street.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
Any establishment, however designated, regularly and principally
used for the purpose of providing meals to the public, having an adequate
kitchen and dining room equipped for the preparing, cooking and serving
of foods for its customers and in which no other business, except
such as is incidental to such establishment, is conducted. However,
a snack bar at a public or community recreation facility operated
solely by the public agency controlling the recreation facility for
the convenience of the patrons of the facility shall not be deemed
a "restaurant" for purposes of this chapter.
An establishment where patrons are served prepared foods,
soft drinks, ice cream and similar confections for principal consumption
outside the confines of the principal building or in automobiles parked
upon the premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided for the patrons.
An establishment which may or may not have tables that serves
ready-made food of a limited variety and which may have one (1) or
more of the following characteristics:
Serves ready-to-eat foods, frozen desserts, or beverages in
edible or paper, plastic or disposable containers;
Usually serves foods over a general service counter that customers
carry to the restaurant's seating facilities, to motor vehicles or
off-premises;
Devotes forty-five percent (45%) or more of its gross floor
area to food preparation, storage or related activities;
Serves food through a drive-through window.
|
For purposes of definition, drive-in restaurants, shall be considered
fast food restaurants.
[Amended 9-21-2005 by Ord. No. 1304-2005] |
An establishment where food and or beverages are sold in
a form ready for consumption, where all of the consumption takes place
off the premises of the restaurant, and where ordering and pick-up
of food may take place from an automobile.
[Added 9-21-2005 by Ord.
No. 1304-2005]
A restriction on the use of land usually set forth in the
deed and which is binding upon subsequent property owners.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law.
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
An establishment with the primary purpose being the sale
of goods or articles individually or in small quantities directly
to the consumer.
The horizontal and vertical area delineated by a line coexistent
with the property line of other lands or rights-of-way. Such lands
may be a public holding for road, highway or public utility use or
a private holding for the location of private, commercial, collective
or distributive provision of utilities.
A private strip of land over which other parties have the
right to pass over, traverse or install utilities.
A publicly owned strip of land over which the general public
has the right to pass over, traverse or have utilities installed therein.
Residential Site Improvement Standards, New Jersey Administrative
Code, Title 5, Chapter 21, as amended.
[Added 9-21-2005 by Ord.
No. 1304-2005]
An apparatus or structure which is designed for the purpose
of receiving television, radio, microwave, satellite or similar signals
and is commonly referred to as a "dish-type antenna."
A use primarily engaged in the education and instruction
of individuals in academic or religious subjects and operated for
nonprofit, from kindergarten through grade twelve, and administered,
supervised and directly affiliated with an exempted nonprofit religious
organization.
A use primarily engaged in the education and instruction
of individuals in academic or religious subjects and operated for
nonprofit, from prekindergarten through grade twelve.
Any school operated under the administrative authority of
a duly constituted state, county, regional or municipal Board of Education.
A visual barrier made up of planted or architectural materials
for the purpose of preventing the view of an object or area by the
general public.
A roadway at least twenty-four (24) feet in width which provides
common access to two (2) or more uses and, where adjacent to a public
right-of-way, is separated from that right-of-way by a planting strip
at least five (5) feet wide.
The minimum horizontal distance between the street, rear
or side lot lines and the closest part of any building. When two (2)
or more lots under one (1) ownership are used, the exterior property
lines so grouped shall be used in determining "setbacks." The front
"setback" shall be measured from any future right-of-way line as adopted
in the Master Plan. The term "setback" is synonymous with "required
setback" and means a line beyond which a building is not permitted
to extend.
A regionally oriented group of integrated developments devoted
to retail, service and entertainment activities housed in an enclosed
building or buildings and utilizing such common facilities as customer
and employee parking areas, pedestrian walk areas, utilities, loading
and unloading space, common open areas and such other necessary and
appropriate accessory uses.
A triangular-shaped area of land established at street intersections
in which nothing is permitted to be erected, placed or planted or
allowed to grow in such a manner as to impair or obstruct the line
of sight of motorists entering or leaving the intersections.
Any device, structure or object, including painted wall signs
for visual communication, that is used for the purpose of advertising
the property or establishment upon which the display is exhibited,
but not including any flag of any public or religious group. A sign
consists of one (1) or more items of information.
[Amended 9-21-2005 by Ord. No. 1304-2005]
The maximum projected area of the shape which encloses the
sign, device or representation. In the case of lettering attached
to building facades, the "sign area" shall be the product of the maximum
vertical dimension multiplied by the maximum horizontal dimension
of all lettering and symbols which form the sign, including the empty
space between the letters and symbols.
The sign band area on a building is located on the front
elevation of that building. The height of a sign band area shall not
exceed five (5) feet, and shall be further limited by the following
criteria: It shall be located above the horizontal line created by
window or doors, including any architectural or ornamental elements
above windows and doors, on the ground level of the building, and
shall extend to the lowest horizontal sill line of the windows of
the second story or to below a horizontal line of the lowest architectural
or ornamental elements below the lowest sill line of the window of
the second story. For single story buildings, the sign band areas
shall be located above the horizontal line created by window or doors,
including architectural or ornamental elements above windows and doors,
on the ground level of the building, and shall extend to below the
roof line, parapet level or to below the horizontal line of the lowest
architectural or ornamental elements at the roof or parapet line.
If a building has frontage on two (2) streets, one (1) sign may be
installed on each elevation, as required above, except if the second
elevation of the building fronting on a street has no door or windows
on the ground level or windows on the second level, than a sign is
not permitted on the wall. The width of the sign band area shall be
the internal width of the building or use, whichever is less, or the
width of the storefront window or windows serving the building or
use.
[Added 9-21-2005 by Ord.
No. 1304-2005]
Any notice or advertisement, pictorial or otherwise, used
as an outdoor display not related to a use on a lot, regardless of
its size or dimensions. This includes signs advertising a product
or service not sold on the premises, signs advertising or directing
attention to another premises and any other signs unrelated to the
premises on which the sign is erected.
[Amended 9-21-2005 by Ord. No. 1304-2005]
Any sign mounted on a structure erected, not attached to
any building.
[Amended 9-21-2005 by Ord. No. 1304-2005]
Any sign mounted at or immediately above the ground on a
structure erected, and not attached to any building. Monument signs
are ground signs.
[Added 9-21-2005 by Ord.
No. 1304-2005]
A sign attached perpendicular to an exterior wall of a building.
A development plan of one (1) or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
A property owner's right to have the sunlight shine on his
land.
A portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above,
or anything not considered a half-story, basement, cellar or attic.
Underground space shall be considered a "story" when the upper surface
of the floor next above is more than six (6) feet above the adjacent
finished grade at any point around the building.
[Amended 9-21-2005 by Ord. No. 1304-2005]
[Repealed 9-21-2005 by Ord. No. 1304-2005]
The distance or width located on both sides of a stream or
watercourse which has been dedicated, deeded or granted by easement
to any government agency for stream right-of-way or which has been
indicated in an officially adopted stream improvement program.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided in the Municipal Land Use
Act;[3] or which is shown on a plat duly filed and recorded in
the office of a County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street line, whether improved
or unimproved, and may comprise pavement, shoulders, gutter, curbs,
sidewalks, parking areas and other areas within the street lines.
The line determining the limit of the right-of-way, whether
existing or contemplated. Where a definite right-of-way has not been
established, the "street line" shall be assumed to be at the future
right-of-way line as adopted in the Master Plan.
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.
A combination of materials to form a construction for occupancy,
use or ornamentation that is safe and stable, and includes among other
things stadiums, platforms, radio towers, storage bins and swimming
pools.
A structure without any foundation or footings and which
is removed when a specifically designated time period, activity or
use for which the temporary structure was erected has ceased.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
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:
Divisions of land found by the municipal agency or subdivision
committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five (5) acres or larger
in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
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 chapter 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 term "resubdivision."
A swimming pool which is located as an accessory use on the
same lot as the principal use it serves, is utilized only by the owner
or his nonpaying guests and is not operated for profit.
A swimming pool open to the general public or open to members
only of a club or organization, whether operated for profit or not.
A place of business where the principal use or function is
the selling of alcoholic beverages, and, incident thereto, the retail
sale or consumption of food is permitted.
See "church."
A dwelling structure which may be attached by means of a
common wall or stacked one (1) over the other and may be attached
to others by means of elements such as open-air trellises, entry porches,
balconies and terraces which shall serve as unifying and connecting
elements in the design. Such structures may be clustered to create
courtyards. "Terrace homes" usually are stacked with open terraces
creating the roof of the unit below and are staggered up an incline.
A building not less than three (3) stories above the curb
level nor more than ten (10) stories above the curb level providing
at least one (1) elevator for the first eight (8) stories and further
providing at least two (2) elevators for any building nine (9) stories
or more above curb level. Such a residential building shall be placed
on a landscaped lot, providing such common facilities as pedestrian
walks, open space on all sides of the building and recreation areas
in accord with minimum standards set forth in this chapter, off-street
parking and/or garage facilities concomitant with the density, complete
utility system service and free two-way access to a public right-of-way.
One (1) of a series of attached one-family dwelling units
not more than two and one-half (2 1/2) stories above curb level, constructed
in a row house manner, each having a common wall between adjacent
sections and landscaped individual rear yards and front yards designed
as an integral part of each one-family dwelling unit. Off street parking
and/or garage facilities shall be provided to equal unit density.
Pedestrian walks and free two-way access in two (2) distinct directions
shall be provided, as well as open space and recreational facilities
in sufficient amounts as stated in this chapter.
One (1) of a series of attached single-family dwelling units
designed for conveyance either as a condominium or in fee simple,
attached [on either both sides or one (1) side depending upon whether
the unit is an interior unit or whether the unit is at the end of
a townhouse dwelling structure, thereby having one (1) common and
one (1) exterior wall], with private or semiprivate front and rear
yard areas.
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying materials,
goods or objects or as a temporary office.
Any dwelling unit for living or sleeping purposes which is
equipped with wheels or some device used for the purpose of transporting
such unit from place to place, whether by motor vehicle or other means,
or any factory-built unit equipped with wheels used for living or
sleeping purposes, whether the same is on blocks, posts or any other
type of foundation. "Mobile home" shall be synonymous with "trailer
home."
A typed or printed record of the proceedings or a reproduction
thereof.
A single or one-way vehicle movement either to or from a
subject property or study area.
The total of trips produced or expected to be produced by
a specific land use or activity.
Includes only that part of the ground area of a residential
zoning lot:
Which is devoted to outdoor recreational space, greenery and
service space for household activities (such as clothes drying) which
are normally carried on outdoors.
Which conforms to the minimum dimensions prescribed for the
appropriate district.
Which is not devoted to private roadways open to vehicular transportation,
accessory off-street parking space or accessory of street loading
berths.
In which there are no structures on the ground, except structures
which impose only very limited restrictions, such as fire escapes,
flagpoles, etc.
Which is unobstructed between the permitted level of the rear
yard and the sky.
Which, when above grade, is safe and adequately surfaced and
protected.
Which is accessible and available at least to all occupants
of dwelling units for whose use the space is required.
Any purpose for which buildings, other structures or land may
be arranged, designed, intended, maintained or occupied.
Any occupation, business, activity or operation carried on (or
intended to be carried on) in a building or other structure or on
land.
A name of a building, other structure of tract of land which
indicates the purpose for which it is arranged, designed, intended,
maintained or occupied.
A use which is incidental to that of a principal use on the
same lot.
A use of a building or land that does not conform to the
provisions of this chapter for the zone in which it is located.
A use of a building or land that conforms to the provisions
of this chapter.
A use which is the major use of the lot. In any residential
zone, a dwelling on a lot shall be deemed the "principal use" of that
lot.
Any use of land or structures thereon which are owned and
used by the federal, state, county or municipal governments. "Public
use" shall also include property not owned by a governmental entity
but which is leased or used for that purpose.
Any use which is public in nature but which is owned and
used by a private interest group. "Quasi-public use" includes churches,
parish houses, parochial schools, historical sites and similar uses,
but does not include clubs, lodges or similar private uses.
The use of a building or part as a dwelling unit.
Any agency which, under public franchise or ownership or under
certificate of convenience and necessity, provides the public with
electricity, gas, heat, steam, communication, transportation, water,
sewage collection or other similar service.
A closely regulated private enterprise with an exclusive franchise
for providing a public service.
Any unoccupied land, structure or part thereof available
and suitable for occupancy.
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70.
An open space on the same lot with a principal building which
is open, unoccupied and unobstructed by buildings from the ground
to the sky, except as otherwise provided in this chapter. The minimum
required "yard" shall be the same as the required setback.
An open space extending the full width between side lot lines
across the front of a lot between the street line and the front line
of the building projected to the side lines of that lot.
In any required "front yard," no fence or wall shall be permitted
which materially impedes vision across such yard above the height
of thirty (30) inches, and no hedge or other vegetation shall be permitted
which materially impedes vision across such yard.
In the case of through lots, unless the prevailing front yard
pattern on adjoining lots indicates otherwise, "front yards" shall
be provided on all frontages. Where one (1) of the "front yards" that
would normally be required on a through lot is not in keeping with
the prevailing yard patterns, the administrative official may waive
the requirement for the normal "front yard" and substitute therefor
a special yard requirement which shall not exceed the average of the
yards provided on adjacent lots.
In the case of comer lots which do not have reversed frontage,
a "front yard" of the required depth shall be provided in accordance
with the prevailing yard pattern, and a second "front yard" of the
depth required for front yards in the district shall be provided on
the other frontage.
In the case of reversed corner lots, a "front yard" of the required
depth shall be provided on either frontage, and a second "front yard"
of the depth required for front yards in the district shall be provided
on the other frontage.
In the case of corner lots with more than two (2) frontages,
the administrative official shall determine the front yard requirements,
subject to the following limitations:
The depth of required front yards shall be measured at right
angles to a straight line joining the foremost points of the side
lot lines. The foremost point of the side lot lines, in the case of
rounded property corners at street intersections, shall be assumed
to be the point at which the side and front lot lines would have met
without such rounding. Front and rear yard lines shall be parallel.
No parking of vehicles shall be permitted upon this open front yard
area other than a maximum of two (2) passenger vehicles only on the
front side yard of either end, which is paved and not more than sixteen
(16) feet in width.
An open space extending across the full width of the rear
of the lot between inner side yard lines.
In the case of through lots and reversed-frontage corner lots,
there will be no "rear yard."
In the case of corner lots with normal frontage, the "rear yard"
shall extend from the inner side yard line of the side yard adjacent
to the interior lot to the rear line of the front yard.
The depth of required rear yards shall be measured at right
angles to a straight line joining the rearmost points of the building
and the rearmost point of the side lot lines. The forward rear yard
line of a required rear yard shall be parallel to the straight line
so established.
An open space extending from the rear line of the required
front yard to the rear lot line.
In the case of through lots, "side yards" shall extend from
the rear lines of the front yard required.
In the case of corner lots with normal frontage, there will
be only one (1) "side yard," adjacent to the interior lot.
In the case of corner lots with reversed frontage, the yards
remaining after the full-depth front yards have been established shall
be considered to be "side yards."
The width of required side yards shall be measured at right
angles to a straight line joining the ends of the front and rear lot
lines on the same side of the lot. The inner side yard line of a required
side yard shall be parallel to the straight line so established.
A document signed by the Zoning Officer which shall be required
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 which acknowledges that such use, structure
or building complies with the provisions of this chapter or a variance
therefrom duly authorized by the appropriate municipal agency.
[1]
Editor's Note: The Bulk Schedule is included as an attachment to this chapter.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
