[Ord. No. 98-6 § 2,
Art. VI § 15-41]
In the construction of this chapter, the present tense shall
include the future, the singular number shall include the plural,
and the plural the singular. The word "shall" is always mandatory.
The word "may" is permissive. The words "zone" and "district" are
synonymous. The word "used" shall include the words "arranged," "designed,"
or "intended to be used." Any word or term not interpreted or defined
by this section is to be given its standard or common meaning. Whenever
a term is used in this chapter which is defined in N.J.S.A. 40:55D-1
et seq., such term shall have the meaning in the State statute.
[Ord. No. 98-6 § 2,
Art. VI § 15-42; Ord. No. 05-10 § 2]
For purposes of this chapter, the following phrases and words
shall have the meanings indicated.
Shall mean a use or structure subordinate to the principal
use or structure on the same lot and serving a purpose customarily
incidental to the principal use or the principal structure. Where
an accessory building is attached to a principal building by a roof,
wall or the like, such accessory building shall be considered part
of the principal building.
Shall mean the Zoning Officer.
Shall mean any changes in the supporting members of a building,
such as bearing walls, columns, beams or girders, or in the dimensions
or configuration of the roof or exterior walls.
Shall mean a dwelling unit in a building having three or
more dwelling units.
Shall mean acceptance of a plat by the approving authority
and meeting the preliminary or final plat requirements as applicable.
Shall mean the Planning Board or Board of Adjustment, unless
a different agency is designated in this chapter pursuant to the Municipal
Land Use Law.
Shall mean the open, uninhabitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
Shall mean a building or place of business where gasoline,
fuel, oil and grease and/or batteries, tires and automobile accessories
are supplied and dispensed directly to the motor vehicle trade and
where mechanical repair but not body repair may be rendered as an
accessory activity, provided that all mechanical repair takes place
within the confines of a building. The following activities are not
permitted: sale of diesel fuel oil; auto body work; welding; painting;
bus and truck repair; car, truck or trailer rental; parking space
rental.
Shall mean a space having 1/2 or more of its floor-to-ceiling
height above the average level of the adjoining ground and with a
floor-to-ceiling height of less than 6.5 feet.
Shall mean an off-site lettered or pictorial advertising
sign.
Shall mean a dwelling or part thereof, which contains three
or more units of dwelling arranged or intended for single room occupancy,
in which lodging is provided by the owner to an occupant for a fee.
Shall mean an area either in its natural state or planted
with evergreen or other suitable vegetation, fences, walls, berms
or any combination thereof used to physically separate or screen one
use or property from another so as to visually shield or block noise,
lights or other nuisances.
Shall mean the area of a lot covered by buildings, exclusive
of decks and patios.
Shall mean the vertical distance measured from the average
elevation of the finished grade, six feet from every side of the structure,
to the highest point of a flat roof, to the deckline of a mansard
roof, and to the midpoint below the highest peak on a gable sloped
or hip roof.
Shall mean the permit issued by the Construction Code Official
to insure that the structure complies with the building and zoning
codes and other applicable ordinances, upon payment of the required
fees.
Shall mean a building in which the principal use is conducted.
Shall mean a terminal, garage, structure or any enclosed
or open land where buses are driven to, parked or stored when not
in use, awaiting assignment for their regularly scheduled routes,
or are being serviced during those periods.
Shall mean any garage, structure, building or any enclosed
or open land area where buses are stored, parked or concentrated while
not being operated or used for their regular use, operations or schedule.
Shall mean any business, establishment or structure constructed
or used for the purposes of washing, cleaning or polishing motor vehicles.
The words "auto laundry" shall mean the same as "car wash."
Shall mean a space with less than 1/2 of its floor-to-ceiling
height above the average finished grade of the adjoining ground and
with a floor-to-ceiling height of less than 6.5 feet.
Shall mean a certificate issued upon completion of a building
or alteration thereof or a change of use thereof indicating the exact
purpose for which the building is to be used, and certifying its compliance
with this ordinance and any approving authority resolution, and any
other applicable building codes.
Shall mean an institution offering the provision of supplemental
parental care and supervision for nonrelated children, on a regular
basis during part or all of the day, under license by the New Jersey
Department of Human Services. The term "child-care center," as used
herein, includes the terms "infant-care center," "day nursery," "day
care center," "nursery school" or similar.
Shall mean the determination by the approving authority that
a plat is either a minor or major development.
Shall mean a parcel(s) of land, together with the improvements
thereon, the ownership, use and enjoyment of which are shared by owners
and occupants of one or more of the individual building sites in the
development.
Shall mean the submission of an application form and checklist
completed by the applicant, together with all accompanying documents
required by this chapter, for review by the approving authority.
Shall mean an organization that provides housing, services,
and health care (including long-term care), to persons of retirement
age. The community must provide increasing levels of care that meet
the needs of individual residents, beginning with independent living
and providing a variety of health and nursing care services. It offers
a contract based on an entry fee that guarantees shelter and access
to various health care services, whether these are pre-funded or on
a fee-for-service basis.
Shall mean the permitted number of dwelling units per gross
acre of land developed.
Shall mean those areas which exist or are created for the
temporary storage of stormwater and controlled discharge of this water
to a receiving drainage system.
Shall mean Subdivision and/or Site Plan Committee(s) of at
least three members of the approving authority (three members on each
Committee if separate Subdivision and Site Plan Committees are appointed),
appointed by the Chairman for the purpose of reviewing and making
recommendations to the approving authority on a development application.
In the event that no Development Committee(s) has been created, the
function delegated to it shall be performed by the approving authority.
Shall mean the lands required for the installation of stormwater
sewers or drainage swales, or required along a natural watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against the hazard of flooding in accordance
with Chapter I of Title 58 of the New Jersey Revised Statutes.
Shall mean a business or establishment engaged in the sale
of food, soft drinks, ice cream and similar confections which are
so prepared, packaged in paper or other types of disposable wrappers
or containers, and served to persons in motor vehicles, so as to be
intended for immediate consumption either outside of the building
or in motor vehicles while parked on the premises.
Shall mean any permanent building or portion thereof designed
or used exclusively as the residence of one or more persons.
DWELLING, ONE-FAMILYShall mean a building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."
DWELLING, TWO-FAMILYShall mean a building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, MID-RISEShall mean a multi-family building containing from three to seven stories.
DWELLING, MULTI-FAMILYShall mean a structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, TOWNHOUSEShall mean a one-family dwelling in a row of units 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 common fire-resistant walls.
DWELLING, GARDEN APARTMENTShall mean one or more multiple-family buildings with dwelling units located one above the other, and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
DWELLING, HI-RISEShall mean a multi-family building containing eight or more stories.
Shall mean one or more rooms occupied or intended for occupancy
as separate living quarters by one family or household, provided that
access is directly from the outside or through a common hall and that
separate cooking, sleeping and sanitary facilities are provided within
the dwelling for the exclusive use of the occupants.
Shall mean the erection, construction, alteration or maintenance
by public utilities or municipal or other government agency of electrical,
gas, water transmission or distribution systems or collection, water
supply or sewage treatment and collection systems, including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate services
by such public utilities or municipal or other governmental agencies
for the public health, safety or general welfare, but not including
buildings.
Shall mean any number of persons related by blood, marriage
or adoption or living together as a single housekeeping unit.
Shall mean a private residence in which child care services
for a fee are regularly provided to no less than three and no more
than five children for no less than 15 hours per week.
Shall mean an establishment whose principal business is the
sale of prepared or rapidly prepared food directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building, in cars on the premises, or off the premises. (See also
Drive-in restaurant)
Shall mean a lot whose area, exclusive of its access drive,
meets the area requirement of the zoning provisions of this chapter,
but whose configuration is one of reduced frontage on an approved
street (generally a width sufficient for use as a driveway or future
street), with the enlarged buildable portion of the lot located at
the rear of the lot at the end of the access drive.
Shall mean the sum of the gross horizontal areas of the several
floors of a building. "Floor area," for the purposes of imposing parking
calculations, shall not include areas devoted to mechanical equipment
serving the building, stairways and elevators, interior areas devoted
exclusively to parking and loading for motor vehicles or to any space
where the floor-to-ceiling height is less than seven feet, provided
that no more than 15% of the gross area may be reduced for these common
area calculations.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site.
In the R-A, R-B, R-C, R-D, R-E and R-F zones shall mean 0.76
of the total floor area of a dwelling not including the garage and
basement area, but including all other floor area in the dwelling.
Shall mean a building used for the inside storage of one
or more vehicles.
Shall mean any building, structure, premises and land in
which a business or service involving the maintenance, servicing or
repair of vehicles, but not body repair of vehicles, is conducted
or rendered.
Shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior walls of the building,
but not including interior parking spaces.
Shall mean an activity which is incidental to the use of
a dwelling for residential purposes, and which is conducted as an
accessory use in the resident's dwelling unit.
Shall mean the portion of a lot which is improved with principal
and accessory buildings, structures and uses, and including but not
limited to driveways, tennis courts, parking areas, garages, walkways,
patios, loading areas and other impervious materials. Detention or
retention basins shall be excluded from such calculations, provided
that the same are constructed of pervious materials.
Shall mean any area of land, with or without buildings, devoted
to the storage, keeping or abandonment of junk debris, whether or
not it is in connection with the dismantling, processing, salvage,
sale or other use or disposition thereof of any material whatsoever.
Shall mean any establishment where articles of apparel are
brought in by the public to be washed and/or dried. The washing and/or
drying shall be done by the proprietor of the establishment or his
employees and the articles are taken away by the customer.
Shall mean an off-street berth on the same lot as the building
being served for the temporary parking of a vehicle while loading
and unloading.
Shall mean 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.
LOT, CORNERShall mean a parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135°.
LOT, THROUGHShall mean a parcel of land which extends through from one street to another.
Shall mean the percentage of a lot area which is occupied
by building and accessory structures, including porches, chimneys
and other related building appurtenances, but not including decks,
driveways, patios, open parking areas and loading areas, tennis courts,
and swimming pools.
Shall mean a horizontal distance between the front and rear
lot lines, measured perpendicular or radial to the front lot line
at the midpoint of the lot frontage to the furthest distance thereof
or taken as the average of three measurements, one taken at each corner
and one taken at the midpoint, for irregularly shaped parcels.
Shall mean the horizontal distance between the side lot lines,
measured along the front lot line.
Shall mean any line, including the street line, forming a
portion of the exterior boundary of a lot.
LOT LINE, FRONTShall mean the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line.
LOT LINE, REARShall mean the lot line opposite and most distant from the front lot line.
LOT LINE, SIDEShall mean any lot line other than a front or rear lot line.
Shall mean the horizontal distance between side lot lines,
measured parallel to the front lot line at the required front yard
setback line.
Shall mean any subdivision not classified as a "minor subdivision."
Shall mean a subdivision of land that is for the creation of less than four lots, including the remainder of the original lot, and provided that such subdivision does not involve a planned development; any new street; or extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 25-711; provided, however, that in the event that more than one "minor subdivision," then, for the purpose of administering this chapter, the subsequent subdivision shall be considered as a major subdivision and processed accordingly. Approval of a "minor subdivision" shall be deemed final approval; and as such shall be prepared and submitted in accordance with the final plat requirements.
Shall mean a building containing three or more dwelling units
occupied or intended to be occupied by persons living independently
of each other, or a group of such buildings.
Shall mean an institution or a distinct part of an institution
that is licensed or approved to provide health care under medical
supervision for 24 or more consecutive hours for more than two residents
who are not related to the governing authority or its members by marriage,
blood, or adoption.
Shall mean a rectangular space used for the parking of motor
vehicles.
Shall mean any use of land or buildings permitted by this
chapter.
Shall mean the primary or predominant use of a lot.
Shall mean an institution of education whose general course
work is comparable to the public school system and whose curriculum
is approved by the New Jersey Department of Education or the New Jersey
Department of Higher Education.
Shall mean the office of a dentist, physician, attorney,
clergyman, accountant, engineer, architect, professional planner,
insurance agent, real estate agent, or other generally recognized
professional.
Shall mean the use of land and/or buildings by a municipal,
County, State or Federal agency or authority.
Shall mean space allocated for the collection and storage
of source separated recyclable materials.
Shall mean a commercial establishment where food and drink
are prepared, served and consumed on premises, excluding, however,
a fast food restaurant and a snack bar or refreshment stand at a public
or community swimming pool, playground or park operated in conjunction
with and incidental to such recreational facility for the sole convenience
of its patrons.
Shall mean an establishment whose principal business is the
sale of pre-prepared or rapidly prepared food directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building, in cars on the premises, or off the premises.
Shall mean an establishment selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Shall mean the total width of a street, watercourse, utility
alignment or other way and within, under or over which all improvements
and rights of access are confined.
Shall mean any establishment where washing and/or drying
of wearing apparel or other garments is done by the public directly
or indirectly by the depositing of a coin or coins in automatic machines
or appliances supplied for those purposes.
Shall mean an establishment primarily engaged in rendering
non-repair services such as advertising, building, cleaning or household
equipment rental to business enterprises on a fee or contract basis.
Shall mean a business conducted to render either a personal
service, such as hair cutting, shoe repair, or dry cleaning provided
they have attendants, but not including mortuary services; or a household
service, such as insect extermination or repair of furniture, small
household appliances, etc., but not including any business which uses
a truck of over 3/4 ton rated capacity in the provision of its services.
Shall mean a line parallel to a street line or lot line beyond
which a building does not project. The minimum yard requirements shall
be the minimum required setbacks. All setbacks from public streets
shall be measured from the proposed right-of-way as shown on the adopted
Master Plan.
Shall mean a triangular area at the quadrants of street intersections
where unobstructed visibility is maintained along the intersecting
street.
Shall mean any announcement, display or illustration placed
so as to be seen and in view of the general public.
Shall mean any site plan not classified as a minor site plan.
Shall mean any site plan which is limited to the proposed
construction of an accessory building or use, such as a sign or off-street
parking area consisting of less than 10 parking spaces, as such accessory
uses are specifically permitted in this chapter, and/or improvement
of existing outside facilities, such as parking and drainage without
the expansion of the facilities, or interior renovations of an existing
building.
Shall mean that portion of a building between the surface
of any floor and the surface of the floor above it, or if there is
no floor above it, then the space between the surface of the floor
and the ceiling above it.
Shall mean a space under a sloping roof which has the line
of intersection of the roof and wall face not more than three feet
above the floor level, and in which space the possible floor area
with head room of five feet or less occupies at least 40% of the total
floor area of the story directly beneath.
Shall mean the edge of the existing or future street right-of-way,
whichever is wider, as shown on an adopted Master Plan or Official
Map, or as required by this chapter, forming the dividing line between
the street and the lot. Where title to land extends into or to the
center of a street, the right-of-way line shall nevertheless be deemed
to be the "street-line."
Shall mean one or more lots. Existing streets shall not be
included in calculating the area of the "tract."
Shall mean an open area of land designed for and devoted
to recreational purposes, e.g., park land, sports fields, playgrounds,
swimming pools, etc.
Shall mean the specific purpose for which land or a building,
structure or facilities is designed, arranged or intended, or for
which it is or may be occupied or maintained.
Shall mean services including, but not limited, to sewage
treatment, water supply, gas, electric, telephone and cable television.
Shall mean a building used primarily for the storage of goods
and materials.
Shall mean those areas as defined by the Freshwater Wetlands
Protection Act, N.J.S.A. 13:9B-1 et seq.
Shall mean an open space which lies between the principal
or accessory building or buildings and the nearest lot line and is
unoccupied and unobstructed from the ground upward, except as provided
by this chapter.
YARD, FRONTShall mean the area extending across the full width of the lot, between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
YARD, REARShall mean the open space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.
YARD, SIDEShall mean an open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.
Shall mean the administrative officer designated to administer
this chapter.
