[Ord. No. 17-89, § 2.1]
In the interpretation and use of these regulations, words and
phrases shall be construed according to the commonly approved usage
of the language; and technical words and phrases, and such as have
acquired a peculiar and appropriate meaning in law, shall be construed
and understood accordingly. All words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the wording
indicates otherwise. The words "shall" and "will" are mandatory and
not directory. The word "used" shall be deemed also to include "designed,
intended, or arranged to be used." Unless otherwise specified, all
distances shall be measured horizontally.
[Ord. No. 17-89, § 2.2; Ord. No. 2009-21, § 2; Ord. No. 2013-08 § 2; Ord. No. 2017-12. Additional amendments
noted where applicable.]
Except as otherwise stated, or as the context may otherwise
require, the following words, for the purpose of these regulations,
shall be defined as follows:
ABOVE GRADE STRUCTURE
Shall mean any building, roofed structure or other structure
which has a height above the ground of at least one foot. If only
part of said structure is one foot or higher above the ground, then
only that part shall be considered an "above grade structure." This
definition shall include, but is not necessarily limited to, swimming
pools, hot tubs, ornamental pools, porches, decks, balconies, tanks,
fireplaces, and barbecue pits, roofed arbors and trellises, any or
all of which are located above grade as defined herein. Notwithstanding
the above, the following shall not be construed to be above grade
structures for the purposes of this chapter: fences, walls, flagpoles,
mailboxes, signs, and lawn ornaments
[Added 7-11-2023 by Ord. No. 2023-12]
ACCESSORY BUILDING OR STRUCTURE
Shall mean a building or structure which is customarily incidental
and subordinate to the principal building, or the same or an adjoining
lot, in the same ownership. Under no circumstances shall an accessory
building or structure be utilized for a residential dwelling.
ACCESSORY USE
Shall mean a use which is customarily incidental and subordinate
to the principal use, on the same or an adjoining lot, in the same
ownership.
ALTERATIONS, STRUCTURAL
Shall mean any change in the supporting members of a building
such as bearing walls, columns, beams, or girders.
BASEMENT
Shall mean that portion of a building having more than one-half
(1/2) of its floor-to-ceiling height above the average finished grade
level of the adjoining ground. No basement or portion thereof shall
be used as a dwelling unit unless it conforms to BOCA requirements.
BUILDING
Shall mean any structure having a roof supported by columns
or walls.
BUILDING AREA
Shall mean the total ground area or roofed portions of a
building or buildings on a lot.
BUILDING COVERAGE
Shall mean the percentage of the lot area occupied by all
buildings and above grade structures on a lot, inclusive but not limited
to porches, decks, sidewalks, driveways, patios, pavers of all kinds,
balconies and cantilevered parts of the building at any level, but
excluding, however, cornices, eaves and other structures which are
specifically excluded by this chapter.
[Amended 7-11-2023 by Ord. No. 2023-12]
BUILDING HEIGHT
Shall mean the vertical distance measured from grade plane,
taken six feet from each building corner to the average height of
the highest roof surface (See Appendix 18A-2 illustrating the definition
of building height).
BUILDING, PRINCIPAL
Shall mean a building, in which is conducted the main or
principal use of the lot on which the building is located.
CANNABIS RETAIL ESTABLISHMENT
Shall mean a State of New Jersey licensed facility authorized
to conduct retail sales of cannabis as further described in the State’s
Statute.
[Added 7-13-2021 by Ord. No. 2021-07]
CELLAR
Shall mean that portion of a building having more than one-half
(1/2) of its floor to ceiling height below the average finished grade
level of the adjoining ground. No cellar or portion thereof shall
be used as a dwelling unit unless it conforms to BOCA requirements.
CLUBS, LODGES AND ASSOCIATIONS
Shall mean a group of persons which are the owner, lessee
or occupant of an establishment operated on a not-for-profit basis,
including but not limited to recreational, social, fraternal, religious,
political or athletic purposes whose activities are confined to the
members or guests on an annual membership basis, and are not extended
to the general public.
CONFORMING USE
Shall mean a use which conforms with all the regulations
of the zone in which it is located.
CONFORMING LOT
Shall mean a lot which conforms with all the regulations
of the zone in which it is located.
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 this chapter, and upon approval by the Planning
Board.
CONVALESCENT, NURSING OR REST HOME
Shall mean an institution licensed by the State having facilities
and all necessary personnel to provide services of a personal nature,
nursing care under medical supervision and direction to carry out
nonsurgical treatment and dietary procedures for chronic diseases
or convalescent stages of acute diseases or injuries.
DAY CARE CENTER OR NURSERY SCHOOL
Shall mean a building or portion thereof, licensed by the
State, having facilities and all necessary personnel for the care,
guidance and/or supervision of children not of common parentage.
DENSITY
Shall mean the number of dwelling units per acre of land
to be developed.
DWELLING
Shall mean a building designed or used exclusively as the
living quarters for one (1) or more persons. A trailer or mobile home
shall not be considered a dwelling within the meaning of this chapter.
DWELLING, ONE-FAMILY
Shall mean a detached building designed for or occupied exclusively
by one (1) family.
DWELLING, TWO-FAMILY
Shall mean a detached building designed for or occupied by
two (2) families living independently of each other.
DWELLING, MULTI-FAMILY
Shall mean a building designed for or occupied by three (3)
or more families living independently of each other.
DWELLING UNIT
Shall mean a building or portion thereof providing complete
living facilities for one (1) family.
FAMILY
Shall mean one (1) or more persons related by blood, marriage
or adoption, living together in one (1) dwelling unit.
FLOOR AREA, GROSS
Shall mean the sum total of all the floor areas of a building,
measured from the exterior walls, excluding off-street parking or
loading areas, basements, or areas used only for storage or mechanical
equipment, elevators, stairways and toilet facilities.
FLOOR AREA RATIO
Shall mean the sum of the area of all floors of buildings
compared to the total area of land that is the subject of an application
for development.
GARAGE, PRIVATE
Shall mean an accessory building or portion of a principal
building used for the parking or temporary storage of motor vehicles
belonging to the residents of the premises.
GARAGE, PUBLIC
Shall mean a building other than a private garage used for
the parking, storage, sale, servicing or repair of motor vehicles
for compensation.
GASOLINE FILLING STATION
Shall mean a building, structure or premises where gasoline,
oil and auto accessories are sold at retail, but not including auto
body repair, welding, spray painting or auto washing using mechanical
equipment.
HOME OCCUPATION
Shall mean any activity for gain, support, sale or purchase
conducted, including but not limited to the inhabitants, guests, lessee
and/or sublessee residing, occupying or leasing the dwelling unit.
JUNK YARD
Shall mean any land or structure, or part thereof, used primarily
for the collection, storage and sale of waste paper, rags, scrap metal
or discarded materials; or for the collection, dismantling, storage
and salvaging of machinery of vehicles not in running condition and
for the sale of parts thereof.
LOADING SPACE
Shall mean an off-street space available for the loading
or unloading of motor vehicles, exclusive of driveways and passageways
thereto.
LOT
Shall mean a parcel of land shown as a separate lot or parcel
on the Borough's current tax map. For the purpose of this chapter,
two (2) or more adjoining undersize lots in the same ownership shall
be considered as one (1) lot.
LOT AREA
Shall mean the area contained within the lot lines, excluding
streets and other public lands.
LOT, CORNER
Shall mean a lot fronting on two (2) or more streets at their
intersection, having two (2) front yards and one (1) rear and one
(1) side yard.
LOT COVERAGE
Shall mean anything placed on a lot which does not exist
naturally, provided that earth, rocks, grass, shrubs, trees and other
vegetative material, although placed on the lot by the developer,
shall not be construed as an "improvement" as defined herein.
[Amended 7-11-2023 by Ord. No. 2023-12]
LOT DEPTH
Shall mean the minimum distance between the front and rear
lot lines.
LOT FRONTAGE
Shall mean the horizontal distance between the side lot lines
measured along the street line. The minimum lot frontage shall be
the same as lot width. In case of a corner lot, any lot line coterminous
with a street line may be considered lot frontage; however, the front
yard setback is to be observed for each circumstance.
LOT, INTERIOR
Shall mean a lot other than a corner or through lot.
LOT LINE
Shall mean any property line bounding a lot.
LOT, THROUGH
Shall mean a lot or parcel of land that extends through from
one (1) street to another, having two (2) front yards and two (2)
side yards excepting corner lots which have three (3) front yards
and one (1) side yard.
LOT WIDTH
Shall mean the distance between side lot lines measured parallel
to the street line at the minimum building setback from the street
line. The minimum lot width shall be maintained through the greater
of that portion of the lot meeting at least the minimum lot area requirement
or seventy-five (75%) percent of the lot depth, as measured from any
lot line which is coterminous with a street line.
NONCONFORMING BUILDING, STRUCTURE, USE OR LOT
Shall mean:
a.
NONCONFORMING LOTShall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
b.
NONCONFORMING STRUCTURE/BUILDINGShall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
c.
NONCONFORMING USEShall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
PARKING SPACE
Shall mean an off-street space:
a.
Available and usable for the parking of one (1) motor vehicle;
and
b.
Having a width of not less than nine (9) feet, and a depth of
not less than twenty (20) feet, exclusive of passageways and driveways
giving access thereto; and
c.
Having usable access to a street or alley.
PREMISES
Shall mean a lot, plot or parcel of land including the buildings
and/or any structures thereon.
PROFESSIONAL OFFICE
Shall mean the office or studio of a physician or surgeon,
dentist, artist, musician, lawyer, engineer, architect, teacher or
other such professional person.
RESTAURANT
Shall mean a building or structure designed or used in which
food and/or beverages are sold and consumed within the confines of
the building on the premises.
RESTAURANT (FAST FOOD)
Shall mean an establishment designed for over the counter
immediate service to patrons primarily for immediate consumption whether
or not interior seating facilities are provided, and which the restaurant
serves a limited standardized menu of quickly prepared or pre-prepared
foods and which foods are packaged in paper or other types of disposable
wrappers and containers. Fast food restaurants shall not include other
types of retail establishments in which food is primarily sold for
preparation and consumption elsewhere, although as a secondary use.
Prepared food may also be sold over the counter for immediate consumption
such as delicatessen, market or super market.
ROOF TERRACES
Roof terraces are permitted on buildings located in the R1
or R2 Zone as long as the terraced area does not exceed one-third
(1/3) of the floor area directly below the proposed roof terrace.
SETBACK
Shall mean the minimum distance from any street or lot line
to any building, structure or use.
SIGN
Shall mean any word, numeral, figure, design, trademark,
flag, pennant, disc, twirler, display or device of any kind designed
to attract attention for advertising purposes while viewing the same
from outdoors.
SIGN AREA
Shall mean the total area of the smallest rectangle that
will contain the entire sign and background, excluding supports. For
projecting, pylon, free-stand or other double faced signs, both faces
shall be measured in computing the total sign area.
SIGN, PROJECTING
Shall mean a sign attached to the exterior wall of a building
and extending more than nine (9) inches beyond the building wall.
SIGN, ROOF
Shall mean a sign attached to the roof of a building or extending
above the roof line, eaves, or parapet of the building.
SIGN, WALL
Shall mean a sign attached to the exterior wall, awning or
marquee of a building and projecting not more than nine (9) inches
from the building wall. Wall signs shall also include illuminated
signs erected inside the window display area of a building.
STORY
Shall mean that part of a structure between the upper surface
of any floor and the upper surface of the floor above, or in the absence
of the ceiling or roof above.
STREET
Shall mean a public way, which affords the principal means
of access to abutting properties.
STREET LINE
Shall mean the right-of-way line of a public and/or private
street.
STRUCTURE
Shall mean anything constructed or erected which requires
location on the ground or attachment to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers, porches, balconies, signs and advertising devices.
TOWNHOUSES
Shall mean a separate dwelling unit with its own sleeping,
cooking, and sanitary facilities, which shares a common wall with
an adjacent dwelling unit. For the purpose of this chapter, two (2)
townhouse units shall be considered as a two (2) family dwelling and
three (3) or more townhouse units shall be considered a multi-family
dwelling.
USE
Shall mean the specific purpose for which a lot, structure
or building is designed, arranged or intended to be used.
YARD
Shall mean an open and unobstructed area which lies between
the principal, accessory building or structure and the nearest lot
line, from the ground upward.
YARD, FRONT
Shall mean an open and unobstructed area on the same lot
with the building or structure between the front wall of the building
or structure and the front line of the lot. Said area shall extend
the full width of the lot. In the instance of a corner or through
lot, said area shall extend along all street lines. All front yards
shall face upon a dedicated street.
YARD, REAR
Shall mean an open area on the same lot with the building
or structure between the rear wall of the building or structure and
the rear line of the lot. Said area shall extend the full width of
the lot.
YARD, SIDE
Shall mean an open area on the same lot with building or
structure, between the side walls of the building or structure and
the side lines of the lot. Said area shall extend the full depth of
the lot.
YARDS, MEASUREMENT OF
Shall mean the depth or width of all yards shall be the minimum
distance between any part of the structure, including but not limited
to porches, decks or bay windows, for the full depth or width of the
respective lot line.
OTHER DEFINITIONS
Whenever a term has not been defined by this chapter, reference
shall be made to the Municipal Land Use Law and the State Uniform
Construction Code.