City of South Amboy, NJ Article VII Definitions

§ 53-46 Definitions and word usage.

A. For the purpose of clarity and use, certain words and terms used in this chapter are to be interpreted as defined below:

ACCESSORY USE OR STRUCTURE

Either a subordinate building or other structure or subordinate use of land whose use is clearly incidental to the use of the principal building, other structure or use of land, and which is customary in connection with the principal building, other structure or use of land, and which is located on the same zoning lot with the principal building, other structure or use of land. The area occupied by an accessory building shall be included in the computation of the total building area. The total area of the accessory buildings and main building shall not exceed the permitted building area. Accessory buildings shall conform to all requirements of a conforming lot in that zone, except that the building lines of the accessory use or structure shall not be closer to either the front, rear or side lot line that the limit established by extension of the building lines of the main building, but in any case not in violation of the minimum yard requirements as specifically set forth in the bulk schedule.

ACT

The Municipal Land Use Law, Chapter 291 of the Laws of 1975, or N.J.S.A. 40:55D-1 et seq.

ADMINISTRATIVE OFFICIAL

That person or persons designated by the governing body to administer and enforce this chapter.

ALCOHOLIC AND/OR NARCOTIC AND/OR DRUG ABUSE TREATMENT CENTER

Any establishment, facility or institution, public or private, whether operated for profit or not, which primarily offers or purports to offer, maintain or operate facilities for the residential or outpatient diagnosis, care, detoxification, treatment or rehabilitation of two or more nonrelated individuals who may be patients or recipients of services of the center who are addicted to or otherwise suffering physically or mentally from the use or abuse of alcohol and/or narcotics and/or dangerous drugs and who require continuing care of an alcoholic or drug abuse treatment center.

[Added 7-13-81 by Ord. No. 1066]

ALTERATION, ALTER

A change, modification or rearrangement made in the layout, structural parts or in the existing facilities, or an enlargement or reduction whether by extension of a side or by increasing in height or by moves from one location or position to another.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for submission for review of a subdivision plat, site plan, planned development, cluster development, conditional use, zoning variance or direction for the issuance of a permit pursuant to Section 25 or Section 27 of the Act., N.J.S.A. 40:55 D-34 and 40:55 D-36. (N.J.S.A. 40:55D-3)

APPROVING AUTHORITY

The Planning Board of the municipality designated by this chapter when acting pursuant to the authority of the Act.

BASEMENT

A story partly underground and having more than 1/2 its height above the average level of the finished grade at the front of the building.

BILLBOARD

Includes any freestanding, fixed or painted-surface-type sign used to identify a product made or the activity or activities being pursued by an individual, service, business, commercial or industrial enterprise, for the purpose of apprising the public of the locations of such enterprise and/or type of activity in which it is engaged.

BOARDINGHOUSE

Any dwelling in which more than three persons either individually or as families are housed or lodged by hire in one dwelling unit with or without meals; however, where the management provides all persons so lodged or housed with a regular and accredited course of instruction or with medical and/or nursing services under state supervision, said dwelling shall not be construed to be a "boardinghouse." A rooming house or a furnished rooming house shall be deemed a "boardinghouse."

BOARD OF ADJUSTMENT, ALSO REFERRED TO AS ZONING BOARD OF ADJUSTMENT

The Planning Board established pursuant to Section 14 of Chapter 291 of the laws of 1975 (N.J.SA 40:55D-23). It shall exercise, to the same extent and subject to the same restrictions, all powers of a Board of Adjustment; but the Class I and the Class III Members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975, c. 291, (N.J.S.A.) 40:55D-70 and pursuant to N.J.S.A. 40:55D-25c (1).

[Amended 6-16-2010 by Ord. No. 12-2010]

BUFFER AREA

A dense and continuous landscaped screening area, planted and maintained, consisting of fences, massed trees and shrubs of such species and size as will produce a sufficient density to obscure or confine throughout all seasons automobile headlight glare, site noise, windblown debris and other typical and frequent nuisance problems, etc., as well as create an aesthetically pleasing and attractive view to mask or obscure the use, function or structure located upon the site.

BUILDABLE AREA

That portion of any lot area lying between required yard or setback lines.

BUILDING

Includes any structure which is permanently affixed to the land or has one or more floors and a roof supported by columns, piers or walls, including but not limited to the following: tents, lunchwagons, trailers, dining cars, camp cars or other structures on wheels or having other support and other unroofed platform, terrace or porch having a vertical face higher than three feet above the immediate ground level or curb level, and is bounded by either open space or lot lines.

(1) A residential "building" shall be classified on the basis of the number of independent units with separate entrances into which it is divided by party walls.

(2) A "building" shall include all such structures as billboards, radio towers, etc., or structures with interior surfaces not normally accessible for human use, such as gas holders, oil tanks, water tanks, coal bunkers, oil cracking towers and other similar structures.

BUILDING AREA

The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings, measured on a horizontal plane to the external periphery of the foundation(s). Areas under protrusions, such as but not limited to cornices, eaves, gutters, chimneys, etc., are excluded from this computation of area.

BUILDING HEIGHT

The vertical distance measured from the curb level to the highest point of a building, excluding structures wholly or partly above the roof as specified herein. Where no curb elevation has been established or where excessive slope conditions exist or where a front yard of 25 feet in depth or more is provided, then in no case shall the grade from which the measurements are to be made exceed the average level of the land immediately adjacent to the building after any planned excavation or fill.

BUILDING LINE

A line formed by intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface, excluding protruding cornices, eaves, gutters or chimneys. All yard requirements are measured to the "building line."

BUILDING, PRINCIPAL

A building or use in which is conducted the main or principal use of the lot on which said building is situated.

BULK

The term used to describe the size and mutual relationships of buildings and other structures and therefore includes:

(1) The size of buildings and other structures, and

(2) The shape of buildings and other structures, and

(3) The location of exterior walls of buildings and other structures in relation to lot lines, to the center line of streets, to other walls of the same building and to other buildings or structures.

(4) All open spaces relating to a building or structure.

CAPITAL IMPROVEMENT

A governmental funding of real property or major construction project, including long-term capital investments.

CARTWAY

The section of a street, road or highway right-of-way located between the curblines which is normally used by vehicular-type traffic, commonly known as the paved areas of the street.

CELLAR

A story wholly or partly below immediate grade or curb level and having more than 1/2 its height, measured from floor to ceiling, below immediate grade or curb level as described.

CERTIFICATE OF ZONING COMPLIANCE

A statement issued by the Administrative Official upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board, as the case may be, and/or all other applicable requirements.

CHURCH

A building or group of buildings, including customary accessory buildings, designed or intended for worship and religious instruction, meeting rooms and recreation facilities appurtenant thereto. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples, synagogues and similar designations as well as parish houses, convents and such accessory uses.

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

COMMERCIAL MOTOR VEHICLE

Includes every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger-car type used for touring purposes or for the carrying of farm products and milk, as the case may be.

[Added 2-27-1990 by Ord. No. 0-1-90]

COMMON OPEN SPACE

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/or 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/or owners of the development.

COMMUNITY SHOPPING CENTER

An integrated development of uses such as but not limited to retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities.

CONDITIONAL USE

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 the Zoning Ordinance and upon the issuance of an authorization therefor by the respective Board.

CONTAMINATED MATERIAL

Means any hazardous substance, hazardous constituent, hazardous waste or pollutant.

[Added 12-31-1998 by Ord. No. 37-1998]

CORNER LOT

A lot at the junction of and fronting on two or more intersecting streets.

COURT

An open, unoccupied space either on the ground or above, excepting the roof, and not a front yard, side yard or rear yard, and bounded on at least two sides by a building on the same lot.

COVERAGE

The area of a lot expressed as a percentage of the total lot area occupied by building, structure or use, not including decks less than 250 square feet in area and above ground swimming pools, both of which are within the prescribed rear yard and side yard set back lines in a residential zone.

[Amended 5-19-1999 by Ord. No. 16-1999]

CURB LEVEL

The level of the curb at the projected center line of the front of any building, other structure or portion thereof. However, where a building or other structure faces on more than one street, the "curb level" is the arithmetical average of the levels of the curbs at the center of the building fronting on each street.

(1) Where no curb elevation has been established, the arithmetical mean level of the land immediately adjacent to the building or other structure prior to any excavation or fill shall be considered the "curb level" unless the Building Inspector or Municipal Engineer shall establish such "curb level" or its equivalent. When an open space in front of any building, other structure or portion thereof is above the "curb level" and also extends for a depth of five feet along the entire frontage of the zoning lot on any street, the level of such open space shall be considered the "curb level," provided it is not more than three feet above the level of the established curb in front of the building, other structure or portion thereof, measured at the center of such front.

(2) Where buildings or other structures, exclusive of space used only for accessory off-street parking, cover 35% or less of the total area of the zoning lot, the owner may elect to substitute for the "curb level" any legitimate grade within such zoning lot.

DAYS

Calendar days.

DEVELOPER

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.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.

DEVELOPMENT REGULATION

The adopted Development Ordinance of the municipality, including the components of a zoning ordinance, subdivision ordinance and site plan ordinance, being the municipal regulation of the use and development of land, or amendments thereto.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or the prevention or alleviation of flooding.

DREDGING

The removal of sediment or other material from the bottom of a water body.

[Added 12-31-1998 by Ord. No. 37-1998]

DREDGE MATERIAL

The material removed by the act of dredging.

[Added 12-31-1998 by Ord. No. 37-1998]

DWELLING, ATTACHECD

One dwelling unit in a line of two or more structurally joined dwelling units, with each dwelling unit having individual access, with open space in front and rear.

DWELLING, DETACHED

A building surrounded by open space on the same zoning lot and being the only principal building occupying that zoning lot.

DWELLING, MULTIFAMILY

A building used, designed for or occupied by two or more independent families, with separate housekeeping and cooking facilities for each, including apartment houses, boardinghouses and flats.

DWELLING, ONE-FAMILY

A building or dwelling unit used, designed for or occupied exclusively by one family only living as a single nonprofit housekeeping unit. A trailer or mobile home is not a dwelling.

DWELLING, TWO-FAMILY

A building used, designed for or occupied by two families only, with separate housekeeping and cooking facilities for each, living independently of each other.

DWELLING UNIT

One or more contiguous rooms providing living facilities for one family, including equipment for cooking or provisions for the same.

EFFICIENCY UNIT

A one-room dwelling unit having kitchen and bath facilities occupied by one family.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, gravity, whether naturally or humanly induced.

FAMILY

Any number of persons living together as a single family or nonprofit housekeeping unit and using certain rooms and housekeeping facilities in common. Such persons shall be related by blood, marriage, civil union or legal adoption.

FENCE

An artificially constructed barrier erected for the enclosure of yard areas, not exceeding six feet in height for side and rear yards, four feet in height for front yards, and 30 inches in height for sight triangles.

[Amended 6-4-2003 by Ord. No. 18-2003]

FILLING STATION

Any establishment supplying and selling for profit gasoline or other motor fuel or oil direct to motor vehicles from a pump or pumps located outside a building on a private property.

FINAL APPROVAL

The official action of the respective Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the respective Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

FLOOD FRINGE

That portion of the flood hazard area exclusive of the floodway, extending to the edge of the defined flood hazard area.

FLOOD HAZARD AREA

The floodway and the relatively flat area of flood fringe adjoining the floodway which has been or may be hereafter covered by floodwater from time to time and which area the improper development and general use of which would constitute a threat to the public safety, health and general welfare. The "flood hazard area" shall constitute the total area inundated by the flood hazard design flood. The "flood hazard area" and the floodplains shall be synonymous and interchangeable terms.

FLOODWAY

The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.

FLOOR AREA

(1) The sum of the gross horizontal areas of all floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. The "floor area" of a building or buildings shall include but not be limited to the following:

(a) Floor space used for mechanical equipment with structural headroom of seven feet six inches or more.

(b) Attic space where a floor has actually been laid providing structural headroom of seven feet six inches or more, and basement area.

(c) Interior balconies and mezzanines.

(d) Enclosed porches.

(2) The "floor area" of a building shall not include:

(a) Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

(b) Elevator and stair bulkhead, accessory water tanks and cooling towers.

(c) Floor space used for mechanical equipment with structural headroom of less than seven feet six inches.

(d) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.

(e) Uncovered steps.

(f) Terraces, breezeways and open porches.

(g) Accessory off-street parking spaces.

FLOOR AREA RATIO

The total of all floor areas of the building or buildings of that zoning lot divided by the area of that zoning lot, all in square feet.

GARAGE, PRIVATE

A building or space accessory to the principal building which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, inspecting, greasing, washing, polishing or other cleaning, maintenance and servicing of automobiles or other motor vehicles, including the supply of gasoline or oil or other fuel for vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations and all gasoline and oil pumps maintained in conjunction therewith, but shall not be construed to include motor vehicle showrooms for new or used motor vehicles.

GARDEN APARTMENTS

One or more multifamily buildings whose height is not more than two and one-half (2 1/2) stories above the curb level and on a landscaped site designed and erected as an integrated development with singleness of use and operation and which site contains such common facilities as pedestrian walks, open spaces and recreation areas in accord with minimum standards stated in this chapter, off-street parking and/or garage facilities concomitant with chapter requirements, complete utility system and free two-way access provided by two or more connections to peripheral public roads.

GRADES, FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on approved plans or designs conforming to standards of the respective agencies having jurisdiction.

GROSS FLOOR AREA

The sum of all floor areas of all structures under application or on one site or as required for application of standards.

GROSS LOT AREA

The sum of all the lot areas of the parcels involved for computation of application of standards.

HAZARDOUS SUBSTANCE

Includes any hazardous substance as defined pursuant to section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b), hazardous waste as defined pursuant to section 1 of P.L. 1976, c.99 (N.J.S.A. 13:1E-38), or pollutant as defined pursuant to section 3 of P.L. 1977, c.74 (N.J.S.A. 58:10A-3).

[Added 12-31-1998 by Ord. No. 37-1998]

HISTORIC SITE

Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated and registered by appropriate City, County, State or Federal agency. (New)

HOME OCCUPATION

An occupation or profession which:

(1) Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit, and

(2) Is carried on by a member of the family residing in the dwelling unit for residential purposes, and

(3) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and

(4) Conforms to the following additional conditions:

(a) The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto but limited to no more than 1/2 the total gross floor area of the building.

(b) Not more than two person outside the family shall be employed in the "home occupation."

(c) There shall be no exterior display, no exterior sign (except as permitted under Section 53-88E, no exterior storage of materials and no other exterior indication of the "home occupation" or variation from the residential character of the principal buildings.

(d) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

HOSPITAL

A centralized facility providing comprehensive medical, surgical, diagnostic, nursing and medical education services for the ill or injured temporarily lodged or periodically treated therein.

HOTEL

A building containing rooms without cooking facilities, with access to each unit only from inside the building, used, rented or hired out to be occupied for sleeping purposes by guests and where only a general kitchen and dining room shall be provided within the building as an accessory building.

IMPERVIOUS LAND COVERAGE

The area of a lot expressed as a percentage of the total lot area occupied by buildings, structures, including pools, open porches, decks, pavement, driveways, walks, and any and all other improvements that reduce percolation into the ground beyond that permitted by natural ground cover (grass, vegetative cover, and/or landscaping).

[Added 4-2-03 by Ord. No. 8-2003]

INTERESTED PARTY

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 municipality, 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 a failure to act under this chapter.

JUNKYARD

An area or structure used for the collecting, storage, buying, trading or abandonment of any refuse and/or discarded material, or the dismantling, demolition, salvaging or abandonment of automobiles or other vehicle equipment and machinery or parts thereof, with the deposit of domestic, commercial, industrial or sanitary waste or garbage excluded.

LABORATORY

A structure or room equipped for conducting scientific experiments, analysis, examinations, research, testing and/or other experimental technical work.

LAND

Includes improvements and fixtures on, above or below the surface.

LOT

A parcel or area of land, the dimensions, location and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.

LOT AREA

The total horizontal area of a parcel of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating "lot area."

LOT DEPTH

The mean distance between its mean front line and its mean back lot line.

LOT FRONTAGE

The portion nearest the street or coexistent with a street right-of-way line and being the portion of the lot to be used as the front of the lot and front yard. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in the definition of "yards" in this section. In odd-shaped or triangular-shaped lots, the length of frontage is determined by the width of the front setback line.

[New]

LOT LINE, FRONT

Any lot line sharing commonality and coexistent with a street right-of-way line. All lot lines coincident with street right-of-way lines shall be considered "front lot lines."

LOT LINE, REAR

Any lot line, other than a street line, which is parallel to the front line or within forty-five degrees (45°) of being parallel to the front lot line. A "rear lot line" shall also include any lot lines on an offset to a through lot which constitutes the rear lot line of an adjacent zoning lot.

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line.

LOT OF RECORD

Any lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT WIDTH

The horizontal distance between straight lines connecting front and rear lot lines at each side of the lot, measured parallel or nearly so to the front and rear lines so determined and across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street right-of-way line) shall not be less than 80% of the required "lot width" except in the case of lots on the turning circle of a cul-de-sac, where a fifty percent requirement shall apply. In odd-shaped or triangular shaped lots, the lot width will be the average width at the front and rear setback lines. (New)

LOT, ZONING

For zoning purposes, as covered by this chapter, a "zoning lot" is a parcel of land of at least sufficient size to meet minimum bulk requirements as are herein required. Such lot shall have frontage on an improved public street and shall be only the lands designated as the tract to be used, developed, occupied or built upon and may consist of any of the following, provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this chapter:

(1) A single lot of record;

(2) A portion of a lot of record;

(3) A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record; or

(4) A parcel of land described by metes and bounds.

MAINTENANCE GUARANTY

Any security which may be accepted for the maintenance of any improvements required by this chapter. (N.J.S.A. 40:55D-53.5)

MAJOR SITE PLAN

All site plans not defined as minor site plans.

MAJOR SUBDIVISIONS

All subdivisions not classified as minor subdivisions.

MANUFACTURING

The treatment or processing of raw products and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Act, N.J.S.A. 40:55D-28.

MEDICAL OFFICE

Any place used for the administering of medical, including dental treatment, by a medical professional. (New)

MINOR SITE PLAN

A site plan for development or building alteration requiring less than 10 parking spaces as required in this chapter, containing less than 2,500 new or additional square feet of floor area and not having more lot coverage than as permitted in the zone bulk schedule.

MINOR SUBDIVISION

A subdivision meeting the following requirements:

(1) It shall contain not more than three lots.

(2) It shall have frontage on an existing street.

(3) It shall not involve any new street or road or the extension of municipal facilities.

(4) It shall not adversely affect the development of the remainder of the parcel or adjoining property.

(5) It shall not be in conflict with any provisions or portions of the Master Plan, Official Map, Zoning Articles XVIII or XIX herein or this chapter.

(6) It does not involve a planned development.

(7) It does not involve the extension of any off-tract improvement. (N.J.S.A. 40:55D-5)

MOTEL

A series of rental units with individual entrances to each unit from within or outside the building, operated as an integrated business site for the purpose of providing lodging to transient guests.

MULTIFAMILY HOUSING DEVELOPMENT

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.

[Added 4-26-1994 by Ord. No. 11-94]

MULTILEVEL DWELLINGS

Any building more than two and one-half (2 1/2) stories and more than 35 feet in height on one lot, used and designed as a residence for four or more families living independently of each other and having elevators provided for access to all floors.

[Added 8-2-1983 by Ord. No. 1100]

NONCONFORMING BUILDING

A building which in its design or location upon a lot does not conform to the regulations of the zone in which it is located.

NONCONFORMING LOT

A lot or parcel which does not conform to the minimum standard for the zone in which it is located or the use to which it is being put.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

Any use or activity, whether of a building, other structure or a tract of land, which does not conform to the regulations of the district in which such use is located either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter. All other lawfully occupied uses are deemed conforming.

NURSING HOME

Any building which is used for the accommodation, reception or treatment of one or more of the aged, infirm or sick who are residents therein, excluding, however, members of the family resident therein.

OCCUPANCY

The specific purpose for which land or a building is used, designed or maintained or intended to be used, designed or maintained.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article 5 of the Act, N.J.S.A. 40:55D-32 et seq.

OFF-SITE

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 contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE

An off-street parking area for passenger vehicles, including the storage area for each vehicle and necessary maneuvering area for each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

OMNIBUS

Includes all school buses or motor vehicles used for the transportation of passengers for hire, except commuter vans and vehicles used in ride-sharing arrangements, if the same are not otherwise used in the transportation of passengers for hire.

[Added 2-27-1990 by Ord. No. 0-1-90]

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

PARCEL

One or more lots or parts thereof.

PARKING LOT

An open, unenclosed area used for the storage of any type of vehicle, which area is available to the general public or specific users, operated with or without a fee, and which area is not directly operated as a required accessory use incidental to an active permitted principal use. Any "parking lot" not operated as a required accessory use to an active permitted principal use shall be deemed a conditional use under this chapter.

PARKING SPACE

An off-street space available for the parking of a motor vehicle.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12. (N.J.S.A. 40:55D-6)

PERFORMANCE GUARANTY

Any security which may be accepted by the municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash. (N.J.S.A. 40:55D-6)

PHILANTHROPIC USES

Those active services or functions exclusively devoted to the active effort to promote human welfare, maintained or supported by act or gift or organized distribution of funds.

PLANNED DEVELOPMENT (PD)

A development for which a General Development Plan pursuant to N.J.S.A. 40:55D-45 et seq. and the City Ordinances has been obtained for an area with a contiguous or noncontiguous acreage of a parcel of land greater than 100 acres, or, any area with a contiguous or noncontiguous acreage of a parcel of land of 100 acres or less in size for which parcel the developer is seeking approval of a Planned Development pursuant to P.L.1975, c.291 (N.J.S.A. 40:55D-1 et seq.), consisting of not less than 150,000 square feet of nonresidential floor area or not less than 100 residential dwelling units, or consisting of a combination of square feet of nonresidential floor area and residential dwelling units, which when proportionately aggregated at a rate of 1,500 square feet of nonresidential floor area to one residential dwelling unit, are equivalent to at least 150,000 square feet of nonresidential floor area or 100 residential dwelling units as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses as may be permitted by Ordinance No. 12-2014, Sections 53-102 through 53-106 herein, or by an applicable redevelopment plan adopted pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. Further, a Planned Development shall also mean a Planned Commercial Development, a Planned Industrial Development, a Planned Unit Development provided it contains a minimum of 10 acres, a Planned Unit Residential Development provided it contains a minimum of five acres as defined in N.J.S.A. 40:55D-6 of the Municipal Land Use Law.

[Added 12-17-2014 by Ord. No. 12-2014]

PLANNING BOARD

The Planning Board established pursuant to Section 14 of Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-23.

PRELIMINARY APPROVAL

The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant. (N.J.S.A. 40:55D-6)

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted for Planning Board consideration and tentative approval and meeting the requirements of this chapter.

PROFESSIONAL OFFICE

A place in which an occupation that properly involves a scientific, artistic, educational, clerical, administrative, executive or equivalent activity of a mental rather than manual labor is carried out in a single-purpose structure.

PROFESSIONAL OFFICE/HOME

The office, studio or occupational room of a physician, surgeon, dentist, architect, artist, musician, professional engineer, lawyer or similar person, arranged in order that such use is conducted entirely within a dwelling which is the bonafide residence of the principal practitioner; no other persons are engaged in the occupation, except not to exceed two employees; and such use does not occupy more than 50% of the net livable floor area of the dwelling.

PROPERTY LINE

A lot or parcel line that defines the limits of ownership.

PUBLIC AREAS

(1) Public parks, playgrounds, trails, path and other recreational areas.

(2) Other public open spaces.

(3) Scenic and historic sites.

(4) Sites for school and other public buildings and structures, including the uses of all municipal, county, state, regional and federal government agencies.

PUBLIC DEVELOPMENT PROPOSAL

A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution. (N.J.S.A. 40:55D-6)

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, federal, state or county agency or other public body for recreational or conservational uses.

QUASI-PUBLIC

Facilities, such as but not limited to religious organizations, veterans organizations, fraternal organizations and other institutions or organizations of similar type but not necessarily belonging to the aforementioned categories.

QUORUM

A full majority of the full authorized membership of a municipal agency.

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

[Added 4-26-1994 by Ord. No. 11-94]

RESIDENTIAL GROSS DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESTAURANT

Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business is conducted except such as is incidental to such establishment. However, a snack bar at a public or community recreation facility, operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility, shall not be deemed a "restaurant" for purposes of this chapter.

RESTAURANT, DRIVE-IN

An establishment where patrons are served prepared foods, soft drinks, ice cream and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESUBDIVISION

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 the term does not include conveyances so as to combine existing lots by deed or other instrument.

RETAIL STORE

An establishment with a primary purpose of the sale of goods or articles individually or in small quantities directly to the customer.

RIGHT-OF-WAY

The horizontal and vertical area delimited by a line coexistent with the property line of other lands or right-of-way. Such lands may be of public holding for road or highway or public utility use, or private holding for the location of private, commercial, collective or distributive provision of utilities.

SCHOOL

A public, parochial or private nursery, elementary, secondary, college or university educational institution offering a diploma or degree subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by public funds and nonprofit quasi-public agencies.

SCREENING

A concentration or grouping of trees or shrubbery extending for a strip not less than 10 feet wide, except where otherwise noted, to be placed and maintained parallel to a property line for the purpose of screening unsightly uses or dust and noise. Such strip shall at all times consist of dense growth from the ground to a height of not less than eight feet.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural or humanly induced means as a product of erosion.

SHED

An accessory structure or building used for storage purposes and not used for the storage of vehicles of any type, with the exception of bicycles.

[Added 6-15-2011 by Ord. No. 10-2011]

SHOPPING CENTER

A group of integrated commercial developments devoted to retail, service and entertainment activities housed in an enclosed building or buildings and utilizing such common facilities as customer and employees' parking areas, pedestrian walk areas, utilities, loading and unloading space, common open areas and such other appropriate necessary and appropriate accessory uses, and having a minimum net sales area of 10,000 square feet.

SIGHT TRIANGLE

A triangular area abutting two intersecting streets where vision is unobstructed. The "sight triangle" is formed by the intersecting street side lines and a line connecting a point on each side line a set distance from the intersection as specified in this chapter.

SIGN

Any structure or part thereof or device or object attached thereto or painted or represented thereon, either permanent or temporarily fixed or portable, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. For the purpose of this chapter, the word "sign" does not include the flag, pennant or insignia of any nation, state or city. An advertising sign is a "sign" which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot. A "for sale" or "to let" sign relating to the zoning lot on which it is displayed shall be deemed a business sign.

SIGN AREA

The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.

SITE PLAN

A development plan of one or more lots on which is shown details required pursuant to this chapter in order to make an informed determination pursuant to the review and approval of site plans by the relevant Board pursuant to Article 6 of the Act, N.J.S.A. 40:55D-37 et seq.

SKETCH PLAT

A map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification of the application.

STANDARDS OF PERFORMANCE

Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, parking, physical improvements, screening of unsightly objects or conditions and such other similar matters as may be reasonably required, or standards required by applicable federal or state laws or other municipal ordinances.

STORY

That part of a building between the surface of any floor and the next floor above it, or in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it except a cellar. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a "story," and if less than two feet below the top plate, it shall be counted as a half story.

STORY, HALF

That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A cellar shall also be included as a "half story."

STREET

Any road, avenue, street, lane, boulevard, alley or other way set aside or commonly used for access to abutting property, improved or unimproved. Such common ways shall have been duly inspected, approved, accepted, recorded and dedicated to the public use.

STREET LINE

That line determining the limit of the rights of the public, either existing or contemplated. Where a definite right-of-way width has not been established, the "street line" shall be assumed to be at a point 25 feet from the center line of the existing pavement.

STRUCTURE

A combination of materials to form a construction that is safe and stable, and includes, among other affixed things, a stadium, platform, radio towers, buildings, billboards, sheds, storage bins, swimming pools and fences which are more than 50% solid.

SUBDIVISION

(1) The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development. The term "subdivision" shall also include the term "resubdivision" and "lot line relocation."

(2) The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:

(a) Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.

(b) Divisions of property by testamentary or intestate provisions.

(c) Divisions of property upon court order.

(d) Conveyances so as to combine existing lots by deed or other instrument.

(e) 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 the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. (N.J.S.A. 40:55D-7)

[New]

TAVERN

Place of business where principal use or function is the selling of alcoholic beverages, and incident thereto the retail sale or consumption of food is permitted.

THROUGH LOT

An interior lot which runs unobstructed from one street to another.

TOWNHOUSE

One of a series of attached one-family dwelling units not more than two and one-half (2 1/2) stories above curb level, constructed in a row-house manner, each having a common wall between adjacent sections and landscaped individual rear yards and front yards designed as an integral part of each one-family dwelling unit. Off-street parking and/or garage facilities shall be provided to double unit density. Pedestrian walks and free two-way access in two distinct directions shall be provided, as well as open space and recreational facilities in sufficient amounts as stated in this chapter.

USABLE OPEN SPACE

Includes only that part of the ground area of a zoning lot:

(1) Which is devoted to outdoor recreational space, greenery and service space for activities which are normally carried on outdoors; and

(2) Which conforms to the minimum dimension prescribed for the appropriate district; and

(3) Which is not devoted to private roadways open to vehicular transportation, accessory off-street parking space or accessory off-street loading berths; and

(4) In which there are no structures on the ground, except structures which impose only very limited restrictions, such as fire escapes, hydrants, flagpoles, etc.; and

(5) Which is unobstructed between the permitted level of the yard and the sky; and

(6) Which, when above grade, is safe and adequately surfaced, cultivated and protected; and

(7) Which is accessible and available at least to all occupants of dwelling units for whose use the space is required.

USE

The term employed to refer to:

(1) Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied; and

(2) Any occupation, business, activity or operation carried on or intended to be carried on in a building or other structure or on land; or

(3) A name of a building, other structure or tract of land which indicates the purpose for which it is arranged, designed, intended, maintained or occupied.

VARIANCE

Permission to depart from the literal requirements of the zoning regulations in Articles XVIII, XIX and XXI pursuant to Section 47 and Subsections 29.2b, 57c and 57d of the Act, N.J.S.A. 40:55D-1 et seq. (N.J.S.A. 40:55D-60, 40:55D-40, 40:55D-70) (New)

YARD, FRONT

The space extending the full width between side lot lines across the front of a lot between the street line and the front line of the building projected to the side lines of that lot, left unoccupied.

(1) In any required "front yard," no fence or wall shall be permitted which materially impedes vision across such yard above the height of 30 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such "front yard."

(2) In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, "front yards" shall be provided on all frontages. Where one of the "front yards" that would normally be required on a through lot is not in keeping with the prevailing yard patterns, the administrative official may waive the requirement for the normal "front yard" and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

(3) In the case of corner lots which do not have reversed frontage, a "front yard" of the required depth shall be provided in accordance with the prevailing yard pattern and a second "front yard" of the depth required for "front yards" in the district shall be provided on the other frontage.

(4) In the case of reversed frontage corner lots, a "front yard" of the required depth shall be provided on either frontage and a second "front yard" of the depth required for "front yards" in the district shall be provided on the other frontage.

(5) In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:

(a) At least one "front yard" shall be provided having the full depth required in the district.

(b) No other "front yard" on such lot shall have less than the full depth required.

(6) Depth of required "front yards" shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel. No storage of vehicles shall be permitted upon this open, front yard area.

YARD, REAR

The space extending across the full width of the rear of the lot between inner side yard lines.

(1) In the case of through lots and reversed frontage corner lots, there will be no "rear yard." In the case of corner lots with normal frontage, the "rear yard" shall extend from the inner side yard line of the side yard adjacent to the interior lot to the rear line of the yard.

(2) Depth of required "rear yards" shall be measured at right angles to a straight line joining the rearmost points of the building and the rearmost point of the side lot lines. The forward rear yard line of a required "rear yard" shall be parallel to the straight line so established.

YARD, SIDE

The space extending from the rear line of the required front yard to the rear lot line.

(1) In the case of through lots, "side yards" shall extend from the rear lines of the front yard required. In the case of corner lots with normal frontage, there will be only one "side yard", adjacent to the interior lot. In the case of corner lots with reversed frontage, the yards remaining after the full-depth front yards have been established shall be considered to be "side yards."

(2) Width of required "side yards" shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required "side yard" shall be parallel to the straight line so established.

ZONING OFFICER

The City official as may be designed and appointed by governing body to review zoning permit applications and review compliance with the Development Regulations. (New)

ZONING PERMIT

A document signed by the Zoning Officer which is required by this chapter 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 the zoning regulations or variance therefrom duly authorized by the municipal approving agency.

B. Words and phrases. Unless the natural construction of the word indicates otherwise, all words used in the present tense include the future; the singular number includes the plural, and the plural, the singular. The word "building" includes the word "structure" or any part thereof; the word "occupied" includes the words "designed or intended to be occupied;" the word "used" includes "arranged, designed or intended to be used;" the word "person" includes individuals, firms, copartnerships and corporations. The word "shall" is always mandatory and not directory. The word "may" is permissive. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."