For the purpose of this chapter the following words and phrases
shall have the meanings described below, unless the context, other
provisions of this chapter, the application of law, or plain sense
indicate otherwise. In addition, the present tense shall include the
future tense; the singular number or word shall include the plural,
and the plural, the singular; the word "shall" indicates a mandatory
requirement, and the term "may" indicates a permissive action; and
the word "used" includes the words "arranged, designed or intended
to be used." In applying the New Jersey Residential Site Improvement
Standards, the terms used herein shall have the meaning attributed
to them in said standards, in case of conflict.
A.Â
ACCESS
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
ADMINISTRATIVE OFFICER
ADULT BOOK STORE OR ADULT VIDEO STORE
AISLE
ALTER OR ALTERATION
ALTERATION, STRUCTURAL
AMENDED APPROVAL
ANTENNA, EXEMPT
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
APARTMENT
APPLICANT
APPLICATION FOR DEVELOPMENT
AREA IDENTIFICATION SIGN
ATTIC
AWNING
Definitions: A.
[Amended 06-16-03 by Ord. 2143]
A physical entrance to a property.
A building on the same lot with and subordinate to a principal
building, and occupied or devoted exclusively to an accessory use.
A structure on the same lot with and subordinate to a principal
building, structure or use, and occupied or devoted exclusively to
an accessory use.
A use customarily incidental and subordinate to the principal
use upon any premises.
Unless indicated otherwise in this chapter, the Zoning Officer
of the Borough, in the case of the Planning Board and Board of Adjustment,
and the Borough Clerk in the case of appeals to the Borough Council.
An establishment which has as one of its principal business
purposes offers for sale, rental or display any of the following:
books, magazines, periodicals or other printed material or photographs,
films, motion pictures, video cassettes, slides, DVDs, CD ROMs, computer
disks, computer games or other visual representations which depict
or describe a "specific sexual activity" or "specified anatomical
area;" or still or motion picture machines, projectors or other image
producing devices which show images to one person per machine at any
one time, and where the images so displayed are characterized by the
depiction of a "specified sexual activity" or "specified anatomical
area" or instruments, devices, or paraphernalia which are designed
for use in connection with a specified sexual activity.
[Added 7-21-08 by Ord. 2276]
The traveled way by which cars enter and depart parking spaces.
Any action which changes or modifies in a perceptible manner
any aspect of development which is regulated by this chapter; provided,
however that this shall not be construed to mean any necessary repairs
or maintenance which does not change the condition of the originally
approved development.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders, interior partitions, as
well as any change in doors or windows, or any addition to or diminution
of the dimensions or configurations of the roof or exterior walls
of a building.
An action of the Planning Board or Board of Adjustment, as
applicable, that amends the subject, terms and/or conditions of a
prior approval, and which occurs prior to the issuance of a certificate
of occupancy, certificate of continued occupancy, filing of a subdivision
plat or deed with the County recording officer, or any other perfection
of the such prior approval.
[Added 06-16-03 by Ord. 2143]
An antenna of any of the following types:
An antenna that is designed to receive direct broadcast satellite
service (DBS), including direct-to-home satellite service, and is
one (1) meter (39.37 inches) or less in diameter.
An antenna that is designed to receive video programming services
via multipoint distribution services, including multichannel multipoint
distribution services (MMDS), instructional television services, and
local multipoint distribution services, and is one (1) meter (39.37
inches) or less in diameter or diagonal measurement, provided that
if such antenna is located on a mast, the mast is twelve (12) feet
or less in height.
An antenna that is designed to receive television broadcast
signals (TVBS) provided that if it is located on a mast, the mast
is twelve (12) feet or less in height.
A transmission satellite dish no greater than one (1) meter
(39.37 inches) in diameter.
A receive-only satellite dish greater than one meter (39.37
inches) and less than or equal to two (2) meters (78.74 inches) in
diameter and located in a nonresidential zone district.
A transmission satellite dish no greater than two (2) meters
(78.74 inches) in diameter and located in a nonresidential zone district.
One or more dwelling rooms, with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building.
Any developer submitting an application for development.
See "developer."
A sign used or intended to be used to identify an area containing
a building with multiple user spaces, such as an apartment building
or shopping center, or used to identify an area containing multiple
buildings which are used or developed in a unified manner such as
a residential subdivision, apartment complex, industrial park, mobile
home park, or office park or shopping center, and containing only
the name of the development and not the individual occupants or buildings
therein.
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A roof-like covering extending over a walkway, sidewalk,
or exterior place, supported by a frame attached to a building and/or
the ground with a surface made of fabric or a more rigid material
and which is either retractable or fixed in place.
B.Â
BANNER
BASEMENT
BEACON
BEDROOM
BOARD
BOARDING HOUSE
BOROUGH RESIDENT
BUFFER
BUILDING
BUILDABLE AREA
BUILDING AREA
BUILDING COVERAGE
BULLETIN BOARD
Definitions: B.
Any sign printed or displayed upon cloth or other flexible
material, with or without frames, but excluding signs printed directly
on awnings or canopies and flexible face signs intended as permanent
signs.
An interior space or a portion of an interior space having
a floor level two (2) feet or more below the average outside elevation
of ground at the foundation wall of the structure in which it is contained.
A stationary or revolving light which flashes or projects
illuminations, single color or multi-colored, in any manner which
is intended to attract or divert attention; except, however, this
term is not intended to include any kind of lighting device which
is required or necessary under the safety regulations described by
the Federal Aviation Agency or similar agencies.
A room planned or used primarily for sleeping.
The Planning Board or the Zoning Board of Adjustment, as
applicable, depending upon which board has jurisdiction over the matter
referred to in the text, in accordance with the powers of each board
as established in the Municipal Land Use Law and this chapter.
A dwelling unit, or part thereof, in which lodging and, in
some cases meals, are provided for compensation.
A person who is domiciled within the Borough of Somerville.
An area within a property, generally adjacent to and parallel
with the property line, and consisting either of existing vegetation
or proposed to be created by the use of trees, shrubs, fences, and/or
berms, and designed to continuously limit view of and/or sound and
light from the site to adjacent sites or properties.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The portion of a lot enclosed by the required yard and/or
setback lines; synonymous with "building envelope."
The horizontal plane projection taken at grade level of all
covered or roofed areas on a lot, whether permanent or temporary.
In computing building area, cornices, eaves, gutters, steps, and balconies
are excluded.
The horizontal ground area covered by all buildings on a
lot, including all roofed areas on a lot, fixed or temporary, expressed
as a percentage of total lot area.
Any sign erected by a charitable, educational or religious
or public body, which is erected upon the same property as said institutions,
for purposes of announcing events that are held on the premises.
C.Â
"C" VARIANCE
CALIPER
CANNABIS RETAILER LICENSE (WITHOUT CONSUMPTION)
(a)Â
(b)Â
(c)Â
CANOPY
CAPITAL IMPROVEMENT
CARTWAY
CELLULAR TELECOMMUNICATIONS ANTENNA
CERTIFICATE OF CONTINUED OCCUPANCY
CERTIFICATE OF OCCUPANCY
CHANGE OF USE
CHILD CARE CENTER
CLOTHING/MATERIAL DONATION BIN
COMMERCIAL USE
COMMON OPEN SPACE
COMMON OWNERSHIP
COMMUNITY RESIDENCE OR COMMUNITY SHELTER
(a)Â
(b)Â
(c)Â
(d)Â
CONCEPT/INFORMAL PLAN
CONDITIONAL USE
CONSTRUCTION OFFICIAL
CONSTRUCTION/BUILDING PERMIT
CONTROLLED ACCESS HIGHWAY
CONVENTIONAL DEVELOPMENT
CONVERSION
COURT
CUL-DE-SAC
CURB
Definitions: C.
Any variance that is not a "D" variance.
The diameter of a tree trunk measured six (6) inches above
ground level for trees up to four (4) inches in diameter, and measured
twelve (12) inches above ground level for trees over four (4) inches
in diameter.
[Added 7-19-2021 by Ord. No. 2640]
A retailer which possesses a Class 5 Retailer License issued
by the Cannabis Regulatory Commission (CRC) and Somerville Borough
selling directly to the consumer from a retail store and may use a
cannabis delivery service or a certified cannabis handler for the
off-premises delivery of cannabis and related supplies to consumers.
A cannabis retailer shall also accept consumer purchases to
be fulfilled from its retail store that are presented by a cannabis
delivery service which will be delivered by the cannabis delivery
service to that consumer. This person or entity shall hold a class
5 Cannabis Retailer License.
The Cannabis Retailer License without consumption shall mean
that the operator or owner of the cannabis retailer license located
in the Borough of Somerville shall not allow any on-site consumption
of cannabis.
See "Awning." In the case of a gasoline service station,
a canopy is a roof-like cover that is supported by one or more columns
or stanchions, does not have any side walls and is used primarily
to shield the pumps from the elements.
A governmental acquisition of real property or major construction
project.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. When there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion of the paved or graded width.
An antenna that is intended for commercial transmission or
reception of personal wireless telephone services communications,
and including commercial mobile services communications, unlicensed
wireless services communications, and common carrier wireless exchange
access services, and also including any tower or other supporting
structures and equipment necessary for such transmission or reception.
A certificate stating that the continued occupancy of an
existing building or structure may occur, subject to compliance with
all applicable regulations for the use and occupancy, including but
not limited to the Uniform Fire Code after the satisfactory inspection
by the Fire Official.
The certificate provided for in N.J.S. 52:27D-133 indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the State Uniform
Construction Code and any other ordinance implementing said Code.
Any use that substantially differs from the previous use
of a building or land. A change of use does not necessarily involve
modifications to existing improvements, or construction of new improvements.
Any facility which is maintained for the care, development
or supervision of six (6) or more children who attend the facility
for less than twenty-four (24) hours a day, and which is licensed
as a child care center by the Department of Human Services. This term
shall not include any of those facilities or uses which are not included
within the definition of "child care center" contained in the "Child
Care Center Licensing Act" (N.J.S.A. 30:5B-1 to 15).
Any enclosed receptacle or container made of metal, steel
or similar product and designed or intended for the donation and the
temporary storage of clothing or other materials.
[Added 9-8-09 by Ord. 2311]
Activity carried out for pecuniary gain.
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.
Ownership of two (2) or more contiguous parcels of real property
by one (1) person or by two (2) or more persons owning such property
in any form of joint ownership.
Any of the following:
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to P.L. 1977, c. 448 (C.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, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESA community residential facility licensed pursuant to P.L. 1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) persons with head injuries, 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, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.).
COMMUNITY RESIDENCE FOR THE TERMINALLY ILLAny community residential facility operated as a hospice program, providing food, shelter, personal guidance and health care services, under such supervision as required, to no more than fifteen (15) terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (C. 30:40-1-14), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Planning
Board and meeting the requirements of this chapter.
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 issuance of an authorization
therefor by the Planning Board.
A qualified person appointed by the Borough Council pursuant to the Uniform Construction Code, Chapter 23, Title 5, to enforce and administer the regulations within the jurisdiction of the enforcing agency.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
Any state or federal numbered highway designated by ordinance
as a controlled access highway by the Mayor and Council of the Borough.
Any form of development other than planned development.
A change in the use of land or a structure.
An open, unoccupied space, other than a yard, on the same
lot with a principal building, which is wholly or partially enclosed
by a building, wall or other structure.
The turnaround at the end of a dead-end street, or such street.
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
D.Â
"D" VARIANCE
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
DAYS
DECIDUOUS
DENSITY
DEVELOPER
DEVELOPMENT
DIRECTIONAL SIGN
DISPLAY SURFACE AREA
DISTRICT
DOUBLE-FACED SIGN
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVE-IN ESTABLISHMENT
DRIVEWAY
DWELLING (OR RESIDENCE)
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
(i)Â
(j)Â
(k)Â
(l)Â
(m)Â
DWELLING UNIT
Definitions: D.
Permission to depart from the literal requirements of the zoning regulations, Article XI of this chapter, to permit:
A use or principal structure in a district restricted against
such use or principal structure.
An expansion of a nonconforming use.
Deviation from a specification or standard pertaining solely
to a conditional use.
An increase in the permitted floor area ratio as defined in
Section 3.1 of P.L. 1975, c. 291 (C. 40:55D-4).
An increase in the permitted density as defined Section 3.1
of P.L. 1975, c. 291 (C. 40:55D-4), except as applied to the required
lot area for a lot or lots for detached one- or two dwelling unit
buildings which lot or lots are either an isolated undersized lot
or lots resulting from a minor subdivision.
A height of a principal structure which exceeds by ten (10)
feet or ten percent (10%) the maximum height permitted in the district
for a principal structure.
Calendar days.
Refers to plants that drop their foliage before becoming
dormant in winter.
The permitted number of dwelling units per gross area of
land to 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.
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 or use of
land, for which permission may be required pursuant to this chapter.
A sign bearing no advertising which directs persons to an
entrance, exit, parking, loading or other special use area on the
same site as such sign. Such signs shall include, but not be limited
to, "enter" and "exit" signs, drive-up lane signs, signs restricting
the use of parking spaces, etc.
[Amended 12-17-01 by Ord. 2118]
The total area, expressed in square feet, of the display
surface containing the lettering, characters or symbols of the sign,
including any frame for the sign. If there is no display surface,
or if a building wall serves as the sign display surface, the display
surface area shall be construed to be the rectangle which is the product
of the largest horizontal and vertical dimensions of the sign lettering,
characters or symbols. If the sign contains cutouts within the perimeter
of the sign or its letters or symbols, the display surface area shall
be construed to include such cutouts. Excluded from this definition
are the structural supports for free-standing signs and the second
display surface of a double-faced sign as defined herein.
[Amended 12-17-01 by Ord. 2118]
See Zoning District.
A sign containing two (2) identical sides which abut each
other at the rear of the sign or which are joined at one end and have
an included angle of no greater than sixty degrees (60°).
The removal of surface water or groundwater from the land
by drains, grading or other means and includes control of runoff during
and after construction to minimize erosion and sedimentation, to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, to lessen nonpoint
pollution, to maintain the integrity of stream channels for their
biological functions as well as for drainage, and the means necessary
for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes, and including lands intended as flood control basins.
A business establishment that encourages or permits customers
to receive goods or services while remaining in their motor vehicles.
A means of ingress and egress for vehicles to and from a
property.
A structure or portion thereof that is used exclusively for
human habitation. See also "dwelling unit" below. Dwellings in this
chapter are of several types, as follows:
APARTMENTAn independent dwelling unit in a multi-family dwelling/residence building, or in a building devoted primarily to non-residential use.
DUPLEXA building containing two (2) single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
GARDEN APARTMENTA two-story or two-and-one-half-story multi-family dwelling structure with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership. Also known as a low-rise apartment.
[Amended 06-16-03 by Ord. 2143]
HIGH-RISE APARTMENTA multi-family dwelling structure containing more than four (4) stories. For purposes only of applying the N.J. Residential Site Improvement Standards, a high-rise apartment shall be defined as a multi-family apartment building containing ten (10) or more stories.
[Amended 06-16-03 by Ord. 2143]
MID-RISE APARTMENTA multi-family dwelling structure containing three or four (4) stories. For purposes only of applying the N.J. Residential Site Improvement Standards, a mid-rise apartment shall be defined as a multi-family apartment building containing more than two (2) and less than ten (10) stories.
[Amended 06-16-03 by Ord. 2143]
MULTI-FAMILY DWELLING/RESIDENCEA building or portion thereof used, intended or designed for three (3) or more dwelling units. Multi-family dwellings include garden apartments, mid-rise apartments and high-rise apartments.
PATIO HOMEA single-family dwelling on a separate lot with yard setbacks on three (3) sides and one (1) wall abutting a side lot line.
[Amended 9-6-12 by Ord. No. 2367; 5-5-14 by Ord. No. 2438]
QUADRUPLEXA building containing four (4) single-family attached dwelling units, and in which each unit has at least two (2) yard exposures, and the exposures are not separated by buildings or by open space exposures of other units, and in which each unit shares one (1) or two (2) walls with an adjoining unit or units.
SINGLE-FAMILY ATTACHED DWELLING/RESIDENCEA single-family dwelling attached to two or more one-family dwellings by common vertical walls. Also known as a townhouse.
[Amended 06-16-03 by Ord. 2143]
SINGLE-FAMILY DETACHED DWELLING/RESIDENCEA building used, intended or designed as a dwelling for one (1) family and which is not attached to any other building or dwelling and which is surrounded by open space or yards on the same lot.
TOWNHOUSEA building containing at least three (3) single-family attached dwelling units, and in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. For purposes of this chapter, a townhouse may include dwelling units with fee simple, condominium or cooperative ownership, or any combination thereof.
TRIPLEXA building containing three (3) single-family attached dwelling units, and in which each unit has at least two (2) yard exposures, and the exposures are not separated by buildings or by open space exposures of other units, and in which each unit shares one (1) or two (2) walls with an adjoining unit or units.
TWO-FAMILY DWELLING/RESIDENCEA building used, intended or designed for two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof (i.e., a duplex) or an unpierced ceiling and floor extending from exterior wall to exterior wall, except, in some cases, for a common stairwell exterior to both dwelling units.
One (1) or more rooms, designed, occupied or intended for
occupancy as a separate living quarter, with cooking, sleeping, and
sanitary facilities provided within the dwelling unit for the exclusive
use of a single family maintaining a household.
E.Â
EASEMENT
ERECT
ESTABLISHMENT
Definitions: E.
An encumbrance or grant of an estate in lands distinct from
ownership to use in some way the land of another.
To build, construct, attach, hang, place, suspend or affix,
and shall include the painting of wall signs.
A place of business, or one permanent usage.
F.Â
FAMILY
FAMILY DAY CARE HOME
FAMILY RESTAURANT
FAST FOOD RESTAURANT
FENCE
FINAL APPROVAL
FINAL PLAT
FLASHING SIGN
FLOODPLAIN
FLOOR AREA
FLOOR AREA RATIO (F.A.R.)
FREESTANDING SIGN
Definitions: F.
Any number of persons, whether related by blood, marriage
or adoption or not and regardless of whether a consideration is involved
or not, or any number of individuals related by blood, marriage or
adoption, living privately together as a single housekeeping unit
and using certain rooms and cooking facilities in common. Nothing
herein contained shall be construed to prevent the placement of foster
children by the New Jersey State Board of Child Welfare or a duly
incorporated child welfare agency with "families" living in a one-family
zone.
The private residence of a family day care provider which
is registered as a family day care home pursuant to the "Family Day
Care Provider Registration Act," P.L. 1987, c.27 (C.30:5B-16 et seq.),
and in which child care services are regularly provided no less than
three (3) and no more than five (5) children for no less than fifteen
(15) hours per week, not including children legally related to the
provider or being cared for as part of a cooperative agreement between
parents for the care of their children where no payment for the care
is being provided.
An eating establishment wherein food is primarily served
to and consumed by customers while seated within the establishment
and with a turnover rate of generally less than one (1) hour.
An establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state for consumption either within the restaurant building or for
carry out with consumption off the premises and whose principal method
of operation includes the following characteristic: foods, frozen
desserts or beverages are usually served in edible containers or in
paper, plastic or other disposable containers.
A structure usually made of posts, board, or rails and serving
as an enclosure, barrier or boundary to access to or from a part or
whole of a property, including walls, screens or hedges intended to
be a natural or manmade "fence."
The official action of the Planning 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 guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with this chapter and which, if approved, may be or shall be filed
with the county recording officer.
An illuminated sign on which artificial or reflected light
is not maintained stationary and constant in intensity and color at
all times when in use.
The relatively flat area or low lands adjoining the channel
of a river, stream, watercourse, canal or any body of standing water,
which has been or may be covered by flood water.
See GROSS FLOOR AREA.
The sum of the gross floor area of all buildings on a lot
divided by the area of the lot, expressed as a percentage.
A sign that is attached to or a part of a completely self-supporting
structure.
G.Â
GARAGE, PRIVATE
GOVERNING BODY
GROSS FLOOR AREA
(a)Â
(b)Â
Definitions: G.
A detached accessory building, or a portion of a principal
building, used primarily for the storage of motor vehicles owned or
used by the occupant of the principal building to which the garage
is accessory.
In Somerville, the Borough Council.
The aggregate area of all floors in a building enclosed by
an exterior wall and measured from the exterior face of exterior walls,
or from the centerline of walls separating two (2) buildings. Notwithstanding
the foregoing, gross floor area shall not include:
Floors in basement areas, attic areas and any floor area where
the floor-to-ceiling height shall be less than seven (7) feet; provided,
however, that when such areas are used or intended to be used for
human habitation, work or service areas other than dead storage or
mechanical equipment providing essential services to the building,
the floor area shall be considered gross floor area for purposes of
determining the required number of parking spaces.
Roofed or enclosed areas devoted exclusively to accessory off-street
parking and loading spaces.
H.Â
HALF STORY
HEIGHT OF BUILDING OR STRUCTURE
HISTORIC SITE
HOME OFFICE
HOMEOWNERS ASSOCIATION
HOSPITAL
HOTEL
HOT TUB
HOUSE OF WORSHIP
Definitions: H.
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three (3) feet above the floor
level and in which space the possible floor area with headroom of
five (5) feet or less occupies at least forty percent (40%) of the
total floor area of the story directly beneath. See the illustration
below. The definition and illustration is as provided by The latest
"Illustrated Book of Development Definitions" by Harvey S. Moskowitz
and Carl G. Lindbloom.
[Added 12-16-13 by Ord. No. 2425]
In the case of buildings or other roofed structures, the
vertical distance from the average normal grade adjacent to the exterior
walls or other perimeter support structures, in the event there are
no walls, to the top of the highest roof beams of a flat roof, gambrel
roof or mansard roof; or to the mean level between the peak and eaves
of the highest portion of a gable roof, hip roof or shed roof (i.e.,
a roof with one (1) slope). Notwithstanding the foregoing, in the
event that the building or other roofed structure includes a parapet
wall or other such facade element or other such vertical element on
the roof, the building height shall be measured to the top of such
parapet or element. In the case of non-building structures without
a roof, the vertical distance from the average normal grade at the
base of the structure to the highest point of the structure. For purposes
of administering the above definition, "normal grade" shall be construed
to be the newly established grade after construction, exclusive of
any filling, berming, mounding, excavating, curbing or retaining wall
which alters the grade at the base of the structure from the grade
in the general vicinity of the structure.
[Amended 06-16-03 by Ord. 2143]
Any real property, manmade structure, natural object or configuration
or any portion or group of the foregoing of historical, archaeological,
cultural, scenic or architectural significance, and which has been
designated as such in the Borough Master Plan or in this chapter.
The use of a defined portion of a residential dwelling by
the residents of the dwelling for an office that is related to a business
or other non-residential activity.
A community association, including a condominium association,
which is organized in a development in which individual owners have
a shared interest in open space and facilities.
An institution providing a medical, surgical, psychiatric
or obstetrical care on an around-the-clock, in-patient and/or out-patient
basis for the diagnosis, treatment or care of the general public suffering
from disease, injury or other abnormal physical conditions for human
buildings. A hospital may include integral support facilities. Excluded
are animal research facilities.
A building in which lodging is provided with or without meals
and offered to the public for compensation and which is open to transient
guests, and distinguished from a boardinghouse, rooming house, apartment
hotel and fraternity or sorority house. As used herein, "transient"
shall mean resident on a temporary basis for a period lasting no more
than thirty (30) days.
A plumbing fixture designed to hold water and humans, and
which may have water circulating, heating and/or aerating equipment,
and which has a water surface area when full not exceeding sixty (60)
square feet.
[Added 06-16-03 by Ord. 2143]
A building and/or structure, or group of buildings and/or
structures, that by design and construction is primarily intended
for conducting organized religious services and associated accessory
uses.
I.Â
IDENTIFICATION AND INFORMATIONAL SIGN
IMPERVIOUS SURFACE
IMPROVEMENT COVERAGE
INTERESTED PARTY
Definitions: I.
A sign of non-commercial nature, which directs the reader
to the location of a public or educational institution, or to the
location of historical structures or areas, or to the location of
public parks or buildings.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
The building coverage plus the ground coverage of the plan
projection of any structures or other improvements, including but
not limited to, parking spaces, maneuvering areas, passageways and
driveways, service areas, access ways, streets, walkways, patios,
plazas, recreational courts, decks, pools, etc., whether or not such
paved areas are surfaced with impervious or non-impervious materials.
Generally, "improvement coverage" shall include all surface improvements
except for vegetation, soil or organic mulch.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the Borough, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter or whose rights to use, acquire
or enjoy property under this chapter or under any other law of this
State or of the United States have been denied, violated or infringed
by an action or failure to act under this chapter or the Municipal
Land Use Law.
J.Â
JOINT IDENTIFICATION SIGN
Definitions: J.
A sign used or intended to be used to identify the individual
occupants, businesses or other uses in an area containing a building
or buildings with multiple user spaces, such as an industrial park,
office park or shopping center, and containing only the names of the
individual occupants, businesses or other users therein.
K.Â
Definitions: K.
(Reserved)
L.Â
LANDSCAPE SCREEN/STRIP
LANDSCAPE TRANSITION BUFFER
LANDSCAPING
LOADING SPACE
LODGER OR ROOMER
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
LOW AND MODERATE INCOME HOUSING
Definitions: L.
A completely planted visual barrier (or having equivalent
natural growth) composed of evergreen plants and trees and/or shrubs
arranged to form both a low-level and a high-level screen.
An area of land restricted to landscape elements which may
include lawns, plantings, natural features, earth berms, sculpture,
lighting, bikeways and pedestrian pathways, but not including motor
vehicle parking extending along the entire lot line(s) where they
are required. The width of a landscape buffer shall be measured at
right angles to the lot line.
An area of land restricted to landscape items which may also
include such elements as natural features, earth berms, sculpture,
signs, lighting, access ways, bikeways and pedestrian pathways, but
not including motor vehicle parking, extending along the entire lot
line where they are required. The width of a landscape area shall
be measured at right angle to the lot line.
An area for the loading and unloading of materials or merchandise.
A person other than a member of a family occupying a part
of any dwelling unit, who, for a consideration, is furnished living
accommodations in such dwelling unit.
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.
The total square unit content of any lot as measured within
the lot lines.
A lot at the junction of and having frontage on two (2) or
more intersecting streets. A corner lot is also a lot bounded on two
(2) or more sides by the same street.
The distance between the front lot line and the rear lot
line, or extensions thereof, measured along the shortest such line
that crosses the building envelope.
That portion of a lot which is contiguous with a street right-of-way;
provided, that public parking areas, public driveways and public alley
ways shall not be considered a public street within the meaning of
this definition. In the case of a through lot, the lot frontage shall
be considered that frontage upon which the majority of the buildings
in the same block front; provided that in case there has been no clearly
defined frontage established, the owner may, when applying for a building
permit, specify on his or her permit application which lot line shall
be considered the lot frontage. A corner lot shall be deemed to have
frontage on any abutting street, and in cases where the street lines
do not intersect at a point, shall be measured along the projection
of the street lines to the imaginary intersection point.
[Amended 12-17-01 by Ord. 2118]
The lot line separating a lot from a street right-of-way.
On corner lots, all lot lines separating a lot from a street right-of-way
are front lot lines.
The lot line opposite and most distant from the front lot
line. On corner lots, the rear lot line shall be that line opposite
and most distant from the shortest front lot line.
Any lot line other than a front or rear lot line. On corner
lots, the side lot line shall be that lot line which is opposite and
most distant from the longest front lot line.
A lot that fronts upon two (2) streets that do not intersect
at the boundaries of the lot.
The shortest straight-line distance between the side lot
lines of any lot, measured parallel to the front lot line and at a
distance from the front lot line equal to the minimum required front
yard setback. If the front lot line is not a straight line, the lot
width shall be measured parallel to the shortest line which is: 1)
entirely within the lot and 2) tangent to the front lot line, and
shall be measured parallel from said line at a distance equal to the
minimum front yard setback.
Dwelling units developed pursuant to relevant provisions pertaining to such housing contained in Article XI of this chapter.
M.Â
MAINTENANCE GUARANTEE
MAJOR SUBDIVISION
MALL
MANSARD ROOF
MASTER PLAN
MINOR SITE PLAN
(a)Â
[1]Â
[2]Â
[3]Â
[4]Â
(b)Â
(c)Â
MINOR SUBDIVISION
MOTEL
MUNICIPAL AGENCY
MUNICIPAL BUILDING/USE
Definitions: M.
Any security which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including
but not limited to cash, surety bonds and letters of credit under
the circumstances specified by this chapter.
Any subdivision not classified as a minor subdivision.
Any concentration of retail stores and/or service establishments
that share customer parking areas and are located within an enclosure
having public walkways whereby a customer in one store or establishment
may walk to another store or establishment without leaving the enclosure.
A roof with two (2) slopes, the upper slope being generally
level, or alternatively, a roof with two (2) slopes on any one side,
the lower slope being steeper than the upper slope, and in both cases
where the lower slope has pitch greater than one (1) inch rise for
every one inch run (i.e., a 1:1 slope). The term "mansard roof" shall
include for purposes of this chapter, a roof commonly known as a gambrel
roof and a parapet designed to have the appearance of a mansard roof.
[Amended 12-17-01 by Ord. 2118]
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
A development plan of one or more lots that requires site
plan approval and which:
[Amended 06-16-03 by Ord. 2143]
Proposes new development which is limited to any or all of the
following:
Alterations to the facade or roof of an existing building.
Construction of (a) building(s) or other structure(s) and/or
site grading, paving or landscaping with a combined ground surface
area of no greater than five hundred (500) square feet, provided that
neither the floor area nor the ground surface area of such buildings
or other roofed structures to be constructed involves no more than
two hundred fifty (250) square feet and is not a drive-in/thru establishment.
[Amended 9-8-09 by Ord. 2312].
Signs.
Sidewalk cafes.
Does not involve planned development, any new street or extension
of off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42.
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met.
A subdivision of land for the creation of not more than two
(2) lots fronting on an existing street; provided that such subdivision
does not involve:
A series of attached, semidetached or detached dwelling units
(one- or two-story) containing bedroom, bathroom and closet space
where each unit has convenient access to a parking space for the use
of the unit's occupants. The units, with the exception of the apartment
of the manager or caretaker, are devoted to the use of transient occupants,
and oriented to the automobile traveling public. As used herein, "transient"
shall mean resident on a temporary basis for a period lasting no more
than thirty (30) days.
The Borough Planning Board or Board of Adjustment or Borough
Council when acting pursuant to this chapter and any agency created
by or responsible to the Borough of Somerville when such agency is
acting pursuant to this chapter.
Any building, use or property owned, leased or operated by
the Borough of Somerville.
N.Â
NONCONFORMING LOT
NONCONFORMING SIGN
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONPROFIT PARK
NONRESIDENTIAL ZONES/DISTRICTS
Definitions: N.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning regulations,
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.
A sign which was lawful prior to the adoption, revision or
amendment of an ordinance regulating signs, but which fails to conform
to the sign regulations by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the zoning
regulations, 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of the zoning regulations, 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.
A tract of land, designated and used for active or passive
recreation, conservation of natural resources, or similar purposes,
and owned or operated by a nonprofit organization for the benefit
of its members or the general public, excluding, however, any recreational
facilities operated as a commercial enterprise.
Those zones set forth in the zoning regulations of this chapter
and known as the B-1, B-2, B-3, B-4, B-5, B-6, CG, H, I-1 and I-2
zone districts. In addition, those lots in the PO-R zone district
which are used for nonresidential purposes shall be considered to
be in a nonresidential zone.
O.Â
OCCUPANCY OR OCCUPIED
OFFICIAL MAP
OFFSITE
OFF-SITE SIGN
OFF-TRACT
ONSITE
ON-SITE SIGN
ON-TRACT
OPEN SPACE
OTHER GOVERNMENTAL USES
OUTDOOR STORAGE
OWNER
Definitions: O.
The residing of a person or persons in a dwelling unit overnight,
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, residential, public or industrial building. Excluded
from the definition is the use of any construction equipment or machinery
not considered part of the building or the storage of product, merchandise,
raw material or other personal property or the use of a structure
by those engaged in its construction.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq. Such map shall be deemed conclusive with respect to the location
and width of streets and public drainage ways and the location and
extent of flood control basins and public areas including public parks,
playgrounds, trails, paths and other recreation areas, public open
spaces, scenic and historic sites, sites for schools and other public
buildings and structures, whether or not such streets, ways, basins
or areas are improved or unimproved or are in actual physical existence.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
A sign that directs attention to a business, commodity, service,
entertainment or attraction sold, offered or existing elsewhere than
upon the same lot where such sign is displayed. The term off-site
sign shall include an outdoor advertising sign (billboard) on which
space is leased or rented by the owner thereof to others for the purpose
of conveying a commercial message.
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
A sign which directs attention to a business, commodity service,
entertainment or attraction sold, offered or existing on the same
lot where such sign is displayed; however, an on-site sign may also
display a noncommercial message.
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Uses other than municipal uses and public safety uses, both
as defined herein, which are conducted by any department, commission,
independent agency, or instrumentality of the United States, of a
state, county, municipality, authority, district or other governmental
unit, but excluding public utilities and any other use which may be
separately listed in Schedule A of this chapter. (Schedule A may be
found at the end of this chapter[1]
The keeping, in an unroofed area, of any goods, junk, material,
merchandise or vehicles in the same place for more than twenty-four
(24) hours.
Any individual, firm, association, syndicate, partnership,
limited liability corporation or corporation having sufficient proprietary
interest in the land sought to be processed for development under
this chapter.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
P.Â
PARKING AREA
PARKING SPACE
PARKING STRUCTURE
PENNANT
PERFORMANCE GUARANTEE
PERMANENT SIGN
PERSON
PHOTOVOLTAIC ROOF SHINGLES
PLANNED RESIDENTIAL DEVELOPMENT
PLANNED UNIT RESIDENTIAL DEVELOPMENT
PLAT
PLAZA
PORTABLE SWINGER SIGN "A" FRAME OR SANDWICH SIGN
PORTABLE TEMPORARY ATTRACTION SIGN BOARD
PRELIMINARY APPROVAL
PRELIMINARY PLAT
PRELIMINARY SITE PLAN
PREMISES
PRINCIPAL USE OR STRUCTURE
PRIVATE SWIMMING POOL
PROFESSIONAL NAMEPLATE
PROFESSIONAL OFFICE
PROJECTING SIGN
PUBLIC AND PRIVATE SCHOOL
PUBLIC PARK
PUBLIC SAFETY BUILDING/USE
PUBLIC UTILITIES
Definitions: P.
An open area, other than a street or other public roadway,
used for the parking of motor vehicles, including access drives or
aisles for ingress and egress thereto and therefrom.
A rectangular space designed to be used as an accommodation
for off-street motor vehicle parking, exclusive of access drives or
aisles.
A building or deck or any other structure or portion thereof
which is used for the parking of motor vehicles, including access
drives or aisles for ingress and egress thereto and therefrom.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually, but not necessarily, in series, designed to move
in the wind.
[Amended 12-7-09 by Ord. 2317]
Any security which may be accepted by the Borough, including
but not limited to surety bonds, cash and letters of credit under
the circumstances specified in this chapter in lieu of a requirement
that certain improvements be made before the Planning Board or other
municipal agency approves a subdivision plat or site plan.
Any sign that is not temporary (see TEMPORARY SIGN).
Any person, individual, business entity, partnership, association,
corporation, limited liability corporation, company, organization
or legal entity of any kind or nature.
Building integrated photovoltaic units that convert solar
energy to electricity and may be installed in place of or in addition
to conventional roof shingles and function as a solar panel component
of a solar energy system.
[Added 12-2-13 by Ord. No. 2424]
Residential cluster development.
An area with a specified minimum contiguous acreage of five
(5) acres or more to be developed as a single entity according to
a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses, all primarily
for the benefit of the residential development.
[Added 9-6-11 by Ord. No. 2367; amended 5-5-14 by Ord. No. 2438]
The map or maps of a subdivision or site plan.
A continuous open area, accessible to the public at all times
and designed to receive maximum sunlight containing, but not limited
to, trees and other landscaping, seating, decorative pavement, art
work and kiosks.
An advertising device which ordinarily in the shape of an
"A" or some variation thereof, located on the ground, easily movable,
not permanently attached to the ground or other structure, usually
two-sided and which is removed at the end of the business day.
A single or double surface painted or poster panel type sign
or some variation thereof, which is temporary in nature, usually mounted
on wheels, easily movable, not permanently attached to the ground
or other structure, and which is removed at the end of the business
day.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
-48 and -49 prior to final approval after specific elements of a development
plan have been agreed upon by the Board and the applicant.
The preliminary map indicating the proposed layout of the
subdivision and meeting the requirements of this chapter.
The preliminary development plan indicating the proposed
layout of the site and meeting the requirements of this chapter.
A building or structure or a piece or tract of land or real
estate vacant or otherwise.
The primary or predominant use of any lot. A principal structure
is one devoted to the principal use.
Any artificially constructed basin or other structure, placed
above, at or below grade and designed to contain water for use by
the possessor, his or her family or guest for swimming, diving and
other aquatic sports and recreation, with a maximum depth of more
than fourteen (14) inches. The term "swimming pool" does not include
any plastic, canvas or rubber pool temporarily erected upon the ground.
[Amended 12-17-01 by Ord. 2118]
A wall sign containing only the name of a single professional
person, and any applicable professional designation such as M.D.,
ESQ., C.P.A., etc., but not the name of a business if different than
the name of said professional.
The office of a member of a recognized profession or occupation
maintained for the conduct of that profession.
Any sign that shall be affixed at an angle or perpendicular
to the wall of any building in such a manner to read perpendicular
or at any angle to the wall on which it is mounted.
Public schools covering any or all grades, pre-kindergarten
through grade 12, and full-time private schools covering any or all
grades, pre-kindergarten through grade 12, operated by charitable
religious or eleemosynary organizations, which are not conducted as
a business and which are attended to satisfy state-mandated educational
requirements. This definition does not include part-time schools which
are conducted as an adjunct or supplement to the religious activities
of a church, religious organization or place of worship, such as but
not limited to Sunday schools, nursery schools, catechism or Hebrew
schools, adult education or the like, or as an adjunct or supplement
to the activities or programs of chartered membership organizations,
but includes educational institutions, whether or not operated in
conjunction with religious organizations, places of worship or to
chartered membership organizations which are operated on a full-time
basis, which offer general academic instruction or training in a skill,
trade or vocation and which are intended to fulfill state-mandated
educational requirements.
A tract of land, designated and used for active or passive
recreation, conservation of natural resources, or similar purposes,
and owned or operated by governmental entity.
Any building or use designed or intended primarily for activities
relating directly to public safety purposes, owned and/or operated
by a public or quasi-public agency, and including but not necessarily
limited to police, fire and first aid services.
Telephone and electric lines, poles, equipment and structures;
water or gas pipes, mains, valves or structures; sewer pipes, valves
or structures; all of the foregoing which are maintained, operated
and conducted for the service, convenience, necessity, health and
welfare of the general public, whether owned by any arm or creature
of the Borough, County, State or Federal government or by any privately
owned utility corporation, but excluding, however, cellular telecommunications
antennas as defined herein.
Q.Â
QUALITY RESTAURANT
QUORUM
Definitions: Q.
An eating establishment wherein food is primarily served
to and consumed by customers while seated within the establishment
and with turnover rates generally of at least one (1) hour or longer.
The majority of the full authorized membership of a municipal
agency.
R.Â
REAL ESTATE SIGN
RESIDENTIAL CLUSTER
RESIDENTIAL ZONES/DISTRICTS
RESTAURANT
RESUBDIVISION
ROOF SIGN
ROOMING HOUSE
Definitions: R.
A temporary sign placed upon the property for the purpose
of advertising to the public, the sale or lease of said property.
A contiguous 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.
[Amended 9-6-11 by Ord. No. 2367; 5-5-14 by Ord. No. 2438]
Those zones set forth in the zoning regulations of this chapter
and known as G, R-1, R-2, R-3 and SC zone districts. In addition,
those lots in the PO-R zone district which are vacant or used primarily
for residential purposes shall be considered to be in a residential
zone.
Any premises where food is commercially sold for on-premises
consumption to patrons seated at tables or counters.
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, or 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.
Any sign wholly erected, constructed or maintained on the
roof structure or parapet wall of any building.
A boarding house wherein no personal or financial services
are provided to the residents.
S.Â
SENIOR CITIZEN HOUSING
SERVICE AREA
SETBACK LINE
SHOPPING CENTER
SIDEWALK CAFE
SIGN
SINGLE FAMILY ATTACHED ZERO LOT LINE DWELLING
SINGLE OWNERSHIP
SITE PLAN
SITE PLAN WAIVER COMMITTEE
SOLAR ENERGY SYSTEM
SOLAR PANELS
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
SPOT LIGHT ILLUMINATION
STORY
STREET
STREET SIDE LINE
STRUCTURE
SUBDIVIDER
SUBDIVISION
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
SUBDIVISION COMMITTEE
SWIMMING POOL
Definitions: S.
Multi-family housing designed for and restricted to elderly
people.
An area for the loading or unloading of materials or merchandise
at grade level by light trucks, vans, or other commercial vehicles
other than tractor trailers.
A line within the bounds of a lot parallel to a property
line at a distance from the respective property line equaling the
respective required front, rear or side yard.
Two (2) or more retail stores and/or service establishments,
or one (1) retail store and one (1) service establishment, sharing
customer parking areas, regardless of whether said stores and/or establishments
occupy separate structures or are under separate ownership.
An outdoor eating area, usually provided with chairs and
tables and similar appurtenances, located either on private property
or within the public street right-of-way at or near ground level,
and accessory to a restaurant located in a principal building on the
same or adjacent premises.
Any device, frame, letter, figure, character, mark, plane,
point, design, picture, stroke, stripe, trademark, model, emblem,
display, object, logo or reading matter which is used or intended
to be used to attract attention or convey information when the same
is in view of the general public. For the purpose of determining the
number of signs, a sign shall be considered to be a single display
surface or display device containing elements organized, related,
and composed to form a unit. Where matter is displayed in a random
manner without organized relationship to elements, or where there
is a reasonable doubt as to the relationship of elements, each element
shall be considered to be a single sign. A double-faced sign, as defined
herein, shall be construed to be a single sign.
A single-family dwelling unit contained within a building
containing two (2) or three (3) dwelling units on two (2) or three
(3) lots (one (1) dwelling unit on each lot), each of which is separated
from the other by an unpierced wall extending from ground to roof
or an unpierced ceiling and floor extending from exterior wall to
exterior wall except for a common stairwell exterior to both dwelling
units.
[Added 9-6-12 by Ord. No. 2367; 5-5-14 by Ord. No. 2438]
Ownership of a single lot by one (1) person or jointly by
two (2) or more persons, whether as joint tenants, tenants by the
entirety, tenants in common or otherwise.
A development plan of one or more lots on which is shown
the information required by this chapter, plus any other information
reasonably necessary and required in order to make an informed determination
pursuant to this chapter.
A committee of at least two (2) Planning Board members appointed
by the Chairman of the Board, plus the Borough Zoning Officer, with
the responsibility to review minor site plans and make recommendations
to the entire Board concerning whether full Board review of same may
be waived, and to fulfill such other duties relating to land development
which may be conferred on this committee by the Board.
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels or photovoltaic roof shingles.
[Added 12-2-13 by Ord. No. 2424]
A structure containing one or more receptive cells, the purpose
of which is to convert the solar energy into usable electrical energy
by way of a solar energy system.
[Added 12-2-13 by Ord. No. 2424]
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breasts below a point immediately
above the top of the areola or human male genitals in a discernibly
turgid state, even if covered.
[Added 7-21-08 by Ord. 2276]
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breast, or any actual
or stimulated act of human masturbation, sexual intercourse or deviant
sexual intercourse.
[Added 7-21-08 by Ord. 2276]
Illumination that comes from lamps, lenses or devices designed
to focus or concentrate the light rays of the source.
That portion of a building included between the surface of
any one floor, exclusive of any basement, and the surface of the floor
next above it or, if there is no floor above it, then that portion
of the building included between the surface of any floor and the
ceiling next above it.
Any street, avenue, boulevard, road, parkway, viaduct, alley
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 by this chapter; or which
is shown on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of the Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The outermost line of the whole area devoted to street purposed
on either side thereof. "Street side line" is synonymous with street
right-of-way line.
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.
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 term "subdivision" shall also include the term
"resubdivision;" 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 Planning Board or Subdivision
Committee 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 by court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
The conveyance of one 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 Zoning 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 Borough.
A Committee of at least three (3) Planning Board members
appointed by the Chairman of the Board for the purpose of reviewing
subdivisions in accordance with the provisions of this chapter and
such other duties relating to land subdivision which may be conferred
on this committee by the Board.
A water-filled enclosure, permanently constructed or portable,
designed, used or maintained for swimming or bathing, but excluding
hot tubs as defined by this chapter.
[Added 06-16-03 by Ord. 2143]
T.Â
TEMPORARY CERTIFICATE OF OCCUPANCY
TEMPORARY SIGN
TRANSCRIPT
Definitions: T.
A certificate permitting the occupancy of any building or
structure prior to the full completion, provided that such portion
or portions may be occupied safely prior to full completion of the
building or structure without endangering life or public welfare.
Any sign which is erected and displayed for less than sixty
(60) days and is constructed of nondurable materials such as, but
not limited to, paper, cardboard, nondurable plastic, aluminum film,
etc.
The typed or printed verbatim record of the proceedings or
reproduction thereof.
U.Â
USE
Definitions: U.
The purpose for which land or structure(s) is arranged, designed
or intended, or for which either land or structure(s) is or may be
used, occupied or maintained.
W.Â
WALL SIGN
WATERCOURSE
WIND ENERGY SYSTEM
WIND TURBINE
WINDOW
WINDOW SIGN
WINDOW SPACE
Definitions: W.
Any sign that shall be affixed parallel to the wall of any
building in such a manner as to read parallel to the wall on which
it is mounted; however, said wall sign shall not project above the
top of the wall or beyond the end of the building. For the purpose
of this chapter, any sign display surface that is affixed flat against
the sloping surface of a mansard roof shall be considered a wall sign.
Any sign that is affixed to the face of a building marquee, building
awning, or building canopy, or which is hung from a roof soffit shall
be considered a wall sign.
Any natural swale, stream, brook or river which is the natural
course of storm- or running water through which water flows ordinarily
and frequently but not necessarily continuously. This definition includes
watercourses that have been artificially realigned or improved.
A wind energy conversion system consisting of a wind turbine,
associated poles/towers and support structures, and associated control
or conversion of electronics, which has a rated capacity consistent
with applicable construction codes which will be used for on-site
consumption but not including large diameter windmills.
[Added 12-2-13 by Ord. No. 2424]
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store, and/or
transfer energy.
[Added 12-2-13 by Ord. No. 2424]
Any opening in the exterior wall or roof of any structure
for the purpose of admitting air or light, whether or not covered
with glass, plastic or other coverings.
Any sign placed within the interior of a building or other
roofed structure and: a) which is visible from and facing toward the
exterior of such building or other roofed structure, and b) which
is located within six (6) feet of the surface of the window, door
or other opening through which the sign is visible from the exterior.
This definition is intended to include any sign located inside a building
which could reasonably be construed as serving the same or equivalent
function as signs located outside the building.
The aggregate square footage of all windows on any given
side and any given story of any structure, regardless of the angle
or angles at which they are set, and in computing window space, there
shall be included all portions of any door which, if part of any exterior
wall, does contain any window.
X.Â
Definitions: X.
(Reserved)
Y.Â
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions: Y.
An open, unoccupied space (unless occupied by a use or structure
specifically permitted by this chapter) extending across the full
width of any lot and lying between the street right-of-way and the
nearest building on such lot. On corner lots, any yards facing any
abutting streets shall be deemed front yards for the purposes of this
chapter. The depth of the front yard shall be measured perpendicular
to the street right-of-way line.
An open, unoccupied space (unless occupied by a use or structure
specifically permitted by this chapter), extending across the full
width of any lot between the principal building and the rear lot line.
The depth of the rear yard shall be measured perpendicular to the
rear lot line.
An open, unoccupied space (unless occupied by a use or structure
specifically permitted by this chapter), located between the front
yard and the rear yard on a lot and between the side lot line(s) and
the principal building. The depth of the side yard(s) shall be measured
perpendicular to the side lot line(s).
Z.Â
ZONE
ZONING DISTRICT
ZONING MAP
ZONING PERMIT
Definitions: Z.
See ZONING DISTRICT, below.
An area delineated by this chapter within which uniform regulations
and requirements govern the use, placement, spacing, and size of land
and buildings.
The map annexed to and made part of this chapter, indicating
zoning districts.
A document signed by the Zoning Officer (1) which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and (2) which acknowledges
that such use, structure or building complies with the provisions
of the Borough's zoning regulations or variance therefrom duly authorized
by a Borough agency pursuant to this chapter.
The following codes and statutes, with their citations, are
referenced in this ordinance:
A.Â
Child Care Center Licensing Act. P.L. 1983, c. 492 (C. 30:5B-1 et
seq.).
B.Â
County and Municipal Investigations Law. P.L. 1953, c. 38 (C. 2A:67A-1
et seq.).
C.Â
County Planning Act. P.L. 1968, c. 285 (N.J.S. 40:27-1 et seq.).
D.Â
Family Day Care Provider Registration Act. P.L. 1987, c.27 (C.30:5B-16
et seq.).
E.Â
Freshwater Wetlands Protection Act. P.L. 1987, c. 156 (N.J.S. 13:9B-1
et seq.).
F.Â
Health Care Facilities Planning Act. P.L. 1971, c. 136 (C.26:2H-1,
et seq.).
G.Â
Local Public Contracts Law. P.L. 1971, c. 198 (N.J.S. 40A:11-1 et
seq.).
H.Â
Map Filing Law. P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.).
I.Â
Municipal Land Use Law. P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
J.Â
New Jersey Barrier-free Subcode. (N.J.A.C. 5:23-7).
K.Â
New Jersey Residential Site Improvement Standards. (N.J.A.C. 5:21).
L.Â
Open Public Meetings Law. P.L. 1975, c. 231 (N.J.S. 10:4-6 et seq.).
M.Â
Penalty Enforcement Law. P.L. 1948, c. 253 (N.J.S. 2A:58-1 et seq.).
N.Â
Soil Erosion and Sediment Control Act. P.L. 1975, c. 251 (N.J.S.
4:24-39 et seq.).
O.Â
State Highway Access Management Act. P.L. 1989, c. 32 (C.27:7-91).
P.Â
State Noise Control Regulations. (N.J.A.C. 7:29)
Q.Â
State Uniform Construction Code. (N.J.A.C. 5:23 et seq.).
R.Â
State Uniform Construction Code Act. P.L. 1975, c. 217 (N.J.S. 52:27D-119
et seq.).