[1980 Code § 128-38; amended by Ord. No. 1113; Ord. No. 1348; Ord. No. 1976; Ord. No. 2168; Ord. No.
2204 § I; Ord. No. 2298; Ord. No. 2428. Additional
amendments noted where applicable.]
The following words, terms or phrases, when used in Chapter 40, Land Use, shall have the meanings ascribed in this section:
Shall mean a detached building or structure on the same lot
with, but subordinate to, a main building and used exclusively for
the purposes incidental to that main building. Accessory structures
include but are not limited to garages, sheds, play houses, swimming
pools (above ground, in ground) freestanding air-conditioning equipment,
satellite dish antennas and detached decks.
Shall mean a use which is customarily associated with and
is subordinate and incidental to the principal use and which is located
on the same lot therewith.
Shall mean a thoroughfare which affords only a second means
of access to an abutting property.
Shall mean any change in the supporting members of a building,
such as bearing walls, columns, beams and girders, floor plan layout,
as well as any change in doors or windows.
Shall mean a portion of a building consisting of a self-containing
group of rooms, designed, constructed and used as a dwelling unit,
as such term is hereinafter defined, which dwelling unit is set apart
from other units or portions of the building by way of a separate
entranceway.
Shall mean a structure containing more than four (4) apartment
dwelling units as hereinabove defined.
Shall mean one (1) or more apartment buildings designed and arranged on a lot in accordance with § 40-2005, Part 3, Zoning, of this chapter, which provides sufficient light and air, passive and active open spaces, parking facilities and other necessary services and amenities, and which provides access to each apartment through an entrance from the exterior of the apartment building.
Shall mean an age-restricted development that provides a
continuum of accommodations and care from independent living to long-term
skilled nursing care and enters into contracts to provide lifelong
care in exchange for the payment of monthly fees and an entrance fee
in excess of one (1) year of monthly fees.
Shall mean an establishment which provides body repair services
for automobiles.
Shall mean an establishment which gasoline and/or services
for automobiles, including mechanical repair, but not including body
repair or the storage of inoperable vehicles.
Shall mean any structure or portion thereof on which lettered
or pictorial matter is displayed for advertising purposes, other than
a sign giving the name and business or occupation of the occupant
of the premises, the nature of the business conducted thereon or products
sold or manufactured by the occupant.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean the maximum horizontal projected area of a building
and its accessories.
Shall mean the square footage or other area measurement by
which all buildings occupy a lot as measured on a horizontal plane
around the periphery of the foundation, and including the area under
the roof of any structure supported by columns but not having walls,
as measured around the outside of the outermost extremities of the
roof.
Shall mean that portion of the site expressed as a percentage
of the lot covered by a building or structure.
Shall mean the vertical distance measured from the curb level
to the level of the highest point of the building. Where the front
wall of a building is more than twenty (20) feet from the curbline,
the average of the ground adjoining the walls of the building may
be taken in measuring its height instead of the curb level.
Shall mean a line parallel to the street right-of-way line
touching that part of a building closest to the street.
Shall mean a permit issued by the Construction Code Official
prior to the construction, erection or alteration of any building
or other structure or part thereof and prior to the use of any lot
or area of land or part thereof for any purpose, which permit certifies
that such building or other structure or part thereof, or such use
of any lot or area of land or part thereof, is in accordance with
all applicable requirements of the State Uniform Construction Code,
this chapter and any amendment thereto, and all other Federal, State
and County regulations.
Shall mean the volume, shape and extent of the building or
of a non-building use.
Shall mean a variance requested by an applicant or owner
pursuant to N.J.S.A. 40:55D-70c.
Shall mean that part of a building or non-building use which
does not conform to one (1) or more of the applicable bulk regulations
prescribing the minimum floor area, maximum height of a building or
non-building use, or the minimum lot area per dwelling unit, lot frontage,
yards, courts, required spacing between the detached buildings on
the same lot and usable open space on the lot for the district in
which such building or non-building use is located, among other applicable
regulations.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2021, c.16
(N.J.S.A. 24:6I-31 et al.) for use in cannabis products, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product.
[Added 6-15-2023 by Ord. No. 2729]
Any person or entity that holds any of the six Classes of
licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."
[Added 6-15-2023 by Ord. No. 2729]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this State, and sells and may transport this
cannabis to other cannabis cultivators or useable cannabis to cannabis
manufacturers, cannabis wholesalers or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivators license.
[Added 6-15-2023 by Ord. No. 2729]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
[Added 6-15-2023 by Ord. No. 2729]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 Cannabis Distributors
license.
[Added 6-15-2023 by Ord. No. 2729]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 6-15-2023 by Ord. No. 2729]
Any licensed person or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to the other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturers
license.
[Added 6-15-2023 by Ord. No. 2729]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers and sells these
to the consumers from a retail store and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items 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 Retail license.
[Added 6-15-2023 by Ord. No. 2729]
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 6-15-2023 by Ord. No. 2729]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells, or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
[Added 6-15-2023 by Ord. No. 2729]
Shall mean that portion of a building partly or totally underground,
having one-half (1/2) or more of its height measured from cellar floor
to ceiling below the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching. A "cellar" is not included in computing
the number of stories for the purposes of height regulation. A "cellar"
shall not be used for a dwelling unit or sleeping quarters and shall
not be considered a story.
Shall mean an establishment for the care, supervision and
protection of children and for which, upon completion, a license is
required from the Department of Human Services pursuant to N.J.S.A.
30:5B-1 et seq. The floor area occupied by child-care centers shall
not be counted against the maximum floor area ratio of permitted uses
in nonresidential zones. In all nonresidential zones, child-care centers
shall be conditional uses with the following requirements:
Shall mean a use permitted in a particular zoning district
only upon the showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as specified in Part 3 of this chapter and upon the issuance
of an authorization therefor by the Borough Planning Board or Board
of Adjustment.
Shall mean a building, lot, structure or use that conforms
to the regulations herein made for the district in which such building,
lot, structure, or use is located.
Any horizontal member, structural or nonstructural, projecting
outward from the exterior walls at the roofline, including eaves and
other roof overhang.
[Added 10-19-2023 by Ord. No. 2753]
Shall mean any open space, unobstructed form the ground to
the sky that is bounded on two (2) or more sides by the walls of a
building that is on the same lot.
Shall mean any open, unoccupied area which is bounded by
three (3) or more building walls.
Shall mean the permanently established grade of the street
measured from the street to the top of the curb in front of the lot.
Shall mean a wooden, flat floored roofless area adjoining
a house.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall be appointed by the Governing Body. The Development
Coordinator shall officially receive all applications for development.
The Development Coordinator, in consultation with the Zoning Officer,
shall determine which local board, official or agency has jurisdiction
over the application, and the Development Coordinator shall forward
copies to all Federal, State and local agencies required to review
the applications.
[Ord. No. 2518-2018 § 2]
Shall mean the lands required for the installation of stormwater sewers or drainage ditches or those required along a natural stream or watercourse for preserving the channel and providing for a flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated, as amended.
Shall mean any structure designed for use by human occupants
for sleeping and living purposes, whether occupied or vacant.
Shall mean a building designed for or occupied exclusively
as one (1) dwelling unit for one (1) family.
Shall mean a building designed for or occupied exclusively
as two (2) separate dwelling units for two (2) separate families.
Shall mean any room or group of rooms located within a dwelling
forming a single habitable unit, which includes facilities for living,
sleeping, cooking, eating, bathing and toilet purposes.
A permitted alternative treatment center pursuant to P.L.
2019, c.153 and N.J.A.C. 8: 64 that is authorized to operate a cannabis
business or businesses pursuant to under P.L. 2021, c.16, the "New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act", in addition to its ATC operations.
[Added 6-15-2023 by Ord. No. 2729]
The exterior portion of a building exposed to public view.
[Added 10-19-2023 by Ord. No. 2753]
That face of a building which is most exposed to public view,
such as a street, park, or plaza.
[Added 10-19-2023 by Ord. No. 2753]
Shall mean one (1) or more persons occupying a dwelling unit
as a single, nonprofit housekeeping unit.
Shall mean a private residence which is registered as a family
day-care home pursuant to the Family Day Care Provider Registration
Act, N.J.S.A. 30:5B-16 et seq., and is further defined as a private
residence in which child-care services are provided for a fee for
not less than three (3) nor more than five (5) children at one time
for no less than fifteen (15) hours per week; except that the division
shall not exclude a family day-care home with less than three (3)
children from voluntary registration.
A vertical frieze or band under a roof edge, or which forms
the outer surface of a cornice, visible to an observer.
[Added 10-19-2023 by Ord. No. 2753]
Shall mean any establishment which serves food and drink
on the premises to be consumed entirely within the principal building
or off the premises, wherein the average duration of stay for on-site
consumption or pickup does not exceed one-half (1/2) hour and the
seating capacity for such establishment exceeds twenty (20) persons.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Borough Planning Board for final referral
in accordance with regulations established by this chapter and which,
if approved, shall be filed with the proper County Recording Officer.
Shall mean the sum of the area of all floors of building
or structures compared to the total area of the site.
Shall mean the width of a lot measured at the street line.
Shall mean a building designed for the storage of not more
than three (3) motor vehicles and in which no other business, service
or industry connected with motor vehicles is conducted or rendered.
Shall mean any building or premises used only for housing
of motor vehicles pursuant to previous arrangements and not to transients
and at which automobile fuels and oils are not sold to the general
public and motor vehicles are not equipped, repaired, hired or sold.
Shall mean the curb level on a level lot. Where the lot level
is higher or lower than the curb level, the average level along the
wall in question shall be taken at the base for measuring the height
of a building, yard or court.
Shall mean any use customarily conducted entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes and which is not injurious to the neighborhood as a place
of residence and does not change the character thereto. Such "home
occupations" might include dressmaking, home millinery and home cooking,
but shall specifically exclude clinics, hospitals, barbershops, beauty
parlors, nursing homes, tearooms, music and dancing schools, nursery
schools, funeral parlors and animal hospitals.
Shall mean a professional office which occupies a portion
of a residential structure, the remainder of which is actually used
by the member of the recognized profession for his or her own dwelling
purposes and in which office there are employed no more than two (2)
employees in addition to the aforesaid professional.
Shall mean that portion of the lot that is covered by non-permeable
surfaces, including but not limited to buildings, parking areas, driveways,
service areas, streets, walkways, patios, pools and plazas. All required
parking areas which are permitted to remain unimproved and all gravel
areas and landscape areas lined with weed-inhibiting plastic sheeting
shall be considered impervious surfaces.
Shall mean nonprofit public or quasi-public institutions
and uses such as municipally owned structures, houses of worship,
public and private schools and/or land used for such purposes.
Shall mean a room or area with a refrigerator and/or a cooking
device.
Shall mean any off-street space required for the loading
or unloading of goods, not less than fifteen (15) feet wide, twenty-five
(25) feet long and fourteen (14) feet high, and having direct usable
access to a street and/or alley, except that where one (1) such "loading
space" has been provided, any additional "loading space" lying alongside,
contiguous to and not separated from such first "loading space" need
not be wider than twelve (12) feet.
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.
Shall mean the computed area contained within the lot lines.
Shall mean a lot abutting upon two (2) or more streets at
their intersection or upon two (2) parts of the same street, such
streets or parts of the same street forming an interior angle of less
than one hundred thirty-five (135) degrees. The point of intersection
of the street lot lines is the corner.
Shall mean the portion of a site, expressed as a percentage
of the lot area, covered by surfaces that have been compacted or covered
with a layer of material so that it is highly resistant to infiltration
by water such as buildings, garages, decks, patios, pavers, sidewalks,
driveways, etc.
Shall mean the mean distance between the front and rear lot
lines.
Shall mean a lot other than a corner lot.
Shall mean the property lines bounding the lot.
Shall mean the line separating the lot from a street. On
a corner lot, the "front lot line" shall be the shorter of the lot
line abutting the street.
Shall mean the lot line opposite and most distant from the
front lot line.
Shall mean any lot line other than a front or rear lot line.
A "side lot line" separating a lot from a street is called a side
street lot line.
Shall mean the distance between the two (2) side lot lines
measured at the front lot line.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean a composite of one (1) 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-1 et seq.
Facility(ies) licensed by the State of New Jersey and the
Borough of Roselle Park pursuant to New Jersey's Jake Honig Compassionate
Use Medical Cannabis Act, N.J.S.A. 24:61-1, et seq. ("Honig Act")
to dispense medical cannabis in any form approved by the state and
related supplies to qualified patients who (1) possess prescriptions
issued by a licensed physician; and who (2) are registered with the
State of New Jersey. For the purposes of this definition. "alternative
treatment centers" are also included within the definition of "medical
cannabis dispensary."
[Added 10-3-2019 by Ord.
No. 2587; amended 6-15-2023 by Ord. No. 2729]
Manufactured products having cannabis or a cannabis extract,
including but not limited to raw marijuana, edibles, beverages, topical
products, ointments, oils, and tinctures, or other products approved
by the State of New Jersey.
[Added 10-3-2019 by Ord.
No. 2587]
The acquisition, possession, transport, or use of cannabis
or paraphernalia by a registered qualifying patient as authorized
by the New Jersey Controlled Dangerous Substances Act, P.L. 1970,
c. 226 (N.J.S.A. 24:21-2).
[Added 10-3-2019 by Ord.
No. 2587]
Shall mean a development plan of one (1) or more lots, which
proposes new development within the scope of development specifically
permitted by ordinance as a minor site plan or is for an alteration,
addition or change of use to an existing building where the alteration,
addition or change of use would not increase parking or necessitate
any variance under this chapter; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 50:55D-42; does not propose an
expansion of any nonconforming use or any change of use not permitted
in the zone district; does not require any variances as part of the
application; does not require any conditions necessitating further
action or approval by the applicable Board and/or contains the information
reasonably required in order to make an informed determination as
to whether the requirements established by ordinance for approval
of a minor site plan have been met.
Shall mean a subdivision of land for the creation of three
(3) or fewer lots, provided that such subdivision does not involve
a planned development, any new street, any variances as part of the
application, any conditions necessitating further action or approval
by the appropriate Board and/or the extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Shall mean the 1997 Edition of North American Standard Industry
Classification System as prepared by the Office of Management and
Budget.
Shall mean the space available, which shall exclude areas
normally available to the general public and utility areas, including
but not limited to boiler rooms. All measurements shall be taken to
the center line of the wall in computing the "net floor area."
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of Part 3,
Zoning, of this chapter, but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a structure, the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of Part
3, Zoning, of this chapter, but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of Part 3 of this chapter, but which
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
Shall mean a building which is designed and constructed to
accommodate nonresidential professional offices, a professional arts
center and/or other offices which have as their principal function
the transaction of business.
Shall mean a map adopted by ordinance pursuant to N.J.S.A.
40:55D-32 et seq.
Shall mean any open-air plot of ground, lot or land within
the Borough of Roselle Park where motor vehicles are parked, kept
or located, and in which no gasoline or automobile accessories are
sold and no other business is conducted.
Shall mean any parcel or area of land essentially unimproved
and set aside, dedicated or reserved for public or private use or
enjoyment or for the use and enjoyment of owners or occupants of land
adjoining or neighboring such space, provided that such space may
be improved only with those buildings, structures, streets and off-street
parking and other improvements that are designed to be incidental
to the natural openness of the land.
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
or title to the land.
Shall mean any open, unoccupied space used or required for
use for parking of private vehicles exclusively, and in which no gasoline
or automobile accessories are sold and no other business is conducted.
Space must be covered with permanent construction of pavement, concrete,
asphalt, pavers etc. No loose stone is permitted. Parking cannot be
within any sight triangle.
Shall mean an accommodation for the off-street parking of
a motor vehicle which is covered with a permanent construction of
pavement, concrete, asphalt, pavers, etc. No loose stone or grass
permitted. Parking cannot be within any sight triangle.
Shall mean that recreational area that joins a dwelling covered
by a surface that had been compacted or covered with a single layer
of material (i.e. pavement, bricks, pavers, wood, etc.) no higher
than five (5) inches above ground level.
Shall mean any security which may be accepted by the Borough,
including cash, provided that the Borough shall not require more than
ten (10%) percent of the total "performance guaranty" in cash.
Shall mean a planned unit residential development, residential
cluster or planned commercial development which meets a contiguous
or noncontiguous size as specified by ordinance to be developed according
to a plan as a single entity containing one (1) or more structures
with appurtenant common hours to accommodate commercial or office
uses, or both, and any residential and other uses incidental to the
predominant use as may be permitted by ordinance.
Shall mean a map or maps of a subdivision or site plan.
Shall mean an open space that may be improved and landscaped;
usually surrounded by streets and buildings.
Shall mean a freestanding sign supported by a pole or poles.
Shall mean a building containing a group of professional
offices for medical and osteopathic physicians, dentists and other
practitioners having a State license in the healing arts, together
with attorneys, engineers and accountants having a State license to
practice their professions. The building may contain a pharmacy which
is not visible, identified nor accessible directly from the street.
Shall mean the office of a member of a recognized profession
maintained for the conduct of that profession. The definition shall
be limited to the professions of medicine, law, architecture, engineering,
dentistry, planning and such similar professions which require a comparable
degree of formal education and experience.
Shall mean the number of dwelling units per gross acre of
a specified lot area or lots, including internal streets, access ways,
parking areas and open spaces.
Shall mean and include the following major groups, or portions
thereof, as enumerated in the North American Standard Industry Classification
System (1997), Office of Management and Budget:
Shall mean and include the following major groups, or portions
thereof, as enumerated in the (NASICS) North American Standard Industry
Classification System (1997), Office of Management and Budget:
Shall mean a housing unit provided for residents aged fifty-five
(55) years or over which conforms to the requirements of Section 213
of Title 11 of the National Housing Act (or provisions of a similar
nature).
Shall mean the horizontal distance from a lot line to the
part of a building or structure nearest such lot line.
Shall mean any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, including but not limited to any flag, badge
or insignia of any public, quasi-public, civic, charitable or religious
group.
Shall mean any sign which is owned or operated by any person,
firm or corporation engaged in the business of outdoor advertising
or of marketing a commodity not sold or produced on the premises.
This shall include off-premises signs indicating the direction to
a particular place.
Shall mean a sign no more than six (6) square feet in area
constructed of material of a nonpermanent nature such as paper, canvas,
corrugated or nondurable plastic. Content of such political campaign
signs shall be consistent with the community standards enumerated
in this chapter. Such sign shall not be illuminated, and posting of
such signs on fire hydrants, public telephone booths, utility poles
or on trees in public right-of-way is expressly prohibited. Should
such signs be posted in the window of a business establishment, the
same regulations as enumerated in the definition of "Sign, Temporary"
as they pertain to window coverage shall apply.
Shall mean a sign in place for forty-five (45) days or less,
which may be constructed of material of a nonpermanent nature, such
as paper, canvas or nondurable plastic. Such signs shall not be more
than six (6) square feet in area and may be two-sided. The posting
of such signs on fire hydrants, public telephone booths, utility poles
or on trees in public right-of-way is expressly prohibited. The sign
displayed inside the window of a business establishment, to be constructed
of a nonpermanent material, shall be permitted, provided that is does
not obstruct more than thirty (30%) percent of the window area and
is not illuminated.
Shall mean a development plan of one (1) or more lots on
which is shown the existing and proposed condition of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and water waste; the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utilities services, landscaping, structures
and signs, lighting and screening devices; and any other information
that needs to be reasonably required in order to make an informed
determination pursuant to the provisions of this chapter which require
approval of site plans by the Planning Board.
Shall mean that portion of a building included between the
surface of the floor and the surface of the floor next above it or,
if there is no floor above it, then the space between the floor and
the ceiling next above it.
Shall mean a partial story under a gable, hop or gambrel
roof, the wall plates of which on at least two (2) opposite exterior
walls are not more than four (4) feet above the floor of such story;
provided, however, that any partial story shall not be used for residence
purposes.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County or
Borough roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
on a map or plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats. "Street' also
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. For the purpose of
this chapter, the Planning Board, with the advice of the Borough Engineer,
shall classify the streets as follows:
Arterial Streets — Those which are used primarily for
fast or heavy traffic of considerable continuity and used primarily
as a traffic artery for intercommunication between large areas.
Collector Streets — Those which carry traffic from minor
streets to the major system of arterial streets and highways, including
the principal entrance streets of a residential development and streets
for circulation within such development.
Minor Streets — Those which are used primarily for access
to the abutting properties.
Marginal Access Streets — Those which are parallel to
and adjacent to arterial streets and highways and which provide access
to abutting properties and protection from through traffic.
Alleys — Minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
Dead-End Streets — Those used primarily for access to
abutting properties, having a length not to exceed six hundred (600)
feet with only one (1) outlet and a turnaround at the closed end.
Shall mean the dividing line between the street and the lot.
Shall mean at any level, the wall or part of the building
nearest to the street line. Porches, piazzas or other structures attached
to the building, except roofless steps, shall be considered as part
of the building.
Shall mean the distance between the street lines thereof
within a block.
Shall mean any change or rearrangement in structural parts,
including but not limited to partition walls, bearing walls, beams
and girders, or in the exit facilities; or an enlargement, either
by extending on a front, side, cubical content or square footage or
by increasing in height, or the moving of any building or part thereof
from one (1) location to the other.
Shall mean 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.
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceeding under Part 2, Land Subdivision and Site Plan Review, of
this chapter to effect a subdivision of land hereunder for himself
or for another.
Shall mean:
The division of a lot, tract or parcel of land into two (2)
or more lots, tracts, parcels or other division of land for sale or
development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof, appointed by the Chairman, to be for agricultural
purposes, where all resulting parcels are five (5) acres or larger
in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one (1) or more adjoining lots, tracts or
parcels of land owned by the same person or persons and all of which
are found and verified by the administrative officer to conform to
the requirements of the municipal development regulations and are
shown and designated as separate lots, tracts or parcels on the Tax
Map of the borough of Roselle Park.
The term "subdivision" shall also include the term "resubdivision."
Shall mean a committee of at least three (3) Planning Board
members appointed by the Chairman of the Planning Board for the purpose
of classifying subdivisions in accordance with the provisions of Part
2, Land Subdivision and Site Plan Review, of this chapter and such
other duties relating to the land subdivision which may be conferred
on this Committee by the Planning Board.
Shall mean a commercial establishment which retails a full
line of food and general household goods whose total retail sales
area exceeds five thousand (5,000) square feet.
Shall mean a facility constructed above or below ground,
having a depth of two (2) feet or more and/or a water surface of one
hundred (100) square feet or more, which is designed and maintained
for swimming purpose. A "swimming pool" shall include all buildings,
structures, equipment and appurtenances thereto.
Shall mean a swimming pool located as an accessory use to
a residence for use by members of the residence and their guests.
Shall mean an artificially constructed pool not designed
or used for swimming and having a maximum water depth of two (2) feet.
Shall mean an attached multiple-family structure containing
dwelling units, each unit of which consists of a group of rooms located
on two (2) floors, is designed, constructed and used by one (1) family
and is set apart by a vertical fire wall, with each unit being separately
owned by an individual, firm or corporation.
Shall mean a typed or printed verbatim record of the proceeding
or reproduction thereof.
Shall mean the principal purpose for which a lot or the principal
building thereon is designed, occupied, maintained or intended to
be used.
Shall mean any open space on the same lot with a building,
unoccupied and unobstructed by any portion of a structure from the
ground upward, except as may be provided in subsequent sections of
this chapter.
Shall mean an open unoccupied space in the same lot with
the main building, situated between the street line of the lot and
the parts of the building setting back and nearest to such street
line and extending to the side line of the lot.
Shall mean a yard extending across the rear of a lot, the
depth of which yard is the minimum horizontal distance between the
rear lot line and the rear of the main building or any projection
thereof, other than roofless steps, except as otherwise provided in
this chapter. On both corner lots and interior lots, the "rear yard"
shall in all cases be at the opposite end of the lot from the front
yard.
Shall mean a yard between the building and the side line
of the lot extending from the required front yard to the required
rear yard, the width of which yard is the minimum horizontal distance
between the side lot line and the adjacent side of the main building
or any projection thereof, other than roofless steps, except as otherwise
provided in this chapter.
Shall mean a document signed by the administrative officer
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 which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized by a municipal
agency pursuant to N.J.S.A. 40:55D-60 and 55D-70.
[Added by Ord. No. 2168 § 128-38.1]
Words used in the present tense include the future tense, the
singular number includes the plural and the plural the singular; the
word "lot" includes the word "plot;" and the word "occupied" includes
the word "designed or intended to be occupied" the word "used" includes
the word "arranged."
