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.
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.
(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.
(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:
(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)
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.