[Ord. No. 643; readopted
by Ord. No. 2020-1235]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Ordinance to have the meaning herein
indicated. The singular shall include the plural, and the plural shall
include the singular. The word "used" shall include the words "arranged",
"designed", or "intended to be used". The word "building" shall include
the word "structure". The present tense shall include the future tense.
In the event of any conflict between the following definitions and those contained in the Municipal Land Use Law, P.L. 1975, c. 291, the latter shall control. See also definitions contained in the Land Development Ordinance of the Borough of Manville, codified as Chapter 30.
A subordinate building or structure on the same lot with
a main building, or a portion of the main building, occupied or devoted
exclusively to an accessory use. Where an accessory building is attached
to a main building in a substantial manner by a wall or roof such
accessory building shall be considered part of the main building.
A use naturally, normally and customarily incidental and
subordinate to the main use of the premises or lot.
An establishment, business or use having as a predominant
part of its stock in trade and presented for observation or purchase
by persons therein: books, magazines, photographs, pictures, films,
video tapes, computer disks or programs, devices or other periodicals
or documents which are distinguished or characterized by their emphasis
on matter depicting or relating to sexual activities.
[Ord. No. 96-855]
An enclosed building with the capacity for one or more persons
used predominantly for presenting for observation therein whether
by film or otherwise, material distinguished or characterized by an
emphasis on matter depicting or relating to sexual activities.
[Ord. No.96-855]
A change in the supporting members of a building, an addition
to or diminution of a building. A change in use from that permitted
in one zone district to a use permitted in another, a conversion of
a building or a part thereof, or removal of a building from one location
to another.
Means (a) Opaquely or less than completely covered human
genitals, buttocks, pubic regions and female breasts; or, (b) human
male genitals in a discernibly rigid or aroused stated, even if completely
covered.
[Ord. No. 96-855]
Any premises on which are held at periodic times auction
sales of merchandise or any other personal property.
A premises on which is held at periodic times auctions sales
of automobiles and other motor vehicles including facilities related
to the auctioning of motor vehicles, for indoor and outdoor storage
of motor vehicles and related vehicles for mechanical repair, auto
body repair, maintenance, painting, washing and servicing of motor
vehicles and office facilities, display areas and lounge and dining
facilities for employees, clients and customers as well as such signs
and amenities normally associated with maintenance and operation of
a motor vehicle auction facility.
[Ord. No. 95-820 § 1]
See Junk Yard definition.
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building. See Cellar.
A line formed by the intersection of a horizontal plane at
average grade 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 more projected surface. All yard requirements are measured
to the building line.
A business establishment which does not offer a product or
merchandise for sale to the public but offers only a service to the
public; such as a real estate office, insurance agents' office, and
the like. Personal service establishments, such as barber and beauty
shops, and repair service shops are not included within the meaning
of Business Office.
An establishment, business or use which features dancing
depicting, describing or demonstrating sexual activities or anatomical
areas by male and/or female entertainers; or any dancing described,
promoted, advertised or commonly referred to as "go-go" dancing by
male and/or female entertainers designed or intended to appeal primarily
to the sexual interest of patrons.
[Ord. No. 96-855]
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade at the
front of the building. (See Basement.)
A building or group of buildings including customary accessory
buildings designed or intended for public worship. For the purpose
of this Ordinance the word church shall include chapels, congregations,
cathedrals, temples and similar designations as well as parish houses,
convents and such accessory uses, and shall include buildings for
what is generally known as "Sunday Schools", but not including church-conducted
academic schools.
That percentage of the plot or lot areas covered by the building
area.
The elevations of the street curb in front of the mid-point
of the front lot line.
One or more rooms designed for, intended for, or occupied
by one family or household.
A detached building containing one dwelling unit occupied
exclusively by one family.
The erection, construction, alteration or maintenance, by
public utilities, telephone or municipal or other governmental agencies
of underground or overhead gas, electric, steam, water or sewage transmission
or distribution systems, including buildings, poles, alarm boxes,
traffic signals, hydrants, and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies or for the public health or safety or general welfare.
One or more persons occupying a dwelling unit as a single
non-profit housekeeping unit, who are living together as a stable
and permanent living unit, being a traditional family unit or the
functional equivalency thereof.
A constructed barrier of wood, masonry, stone, wire, metal
or any other materials, or combination of such materials, erected
for the purpose of enclosing or screening yard areas or other features
on a lot or property.
The area of all floors computed by measuring the inside dimensions
of the outside walls in a building, excluding: attic and basement
and cellar floors, whether or not used for living purposes, attached
accessory buildings, porches, patios, terrace or breezeways, veranda
and garages.
A detached accessory building or portion of a main building,
used exclusively for the storage of a passenger vehicle or vehicles,
enclosed on three sides and having a closeable vehicular entrance
on the fourth.
A garage, other than a private garage, available to the public,
operated for gain, and which is used either for the storage, servicing
and/or repair of automobiles or other motor vehicles, and may include
the incidental supply of gasoline or oil or other fuel for vehicular
propulsion.
The office of a member of a recognized profession when conducted
on residential property. Such home offices shall be limited to those
of medical doctors, lawyers, architects, engineers, accountants, artists,
clergymen, musicians and other recognized professions which require
a similar degree of training an experience and which engage in services
to persons (as contrasted with animals or property), and the operation
of which has the same impact on the area as those specifically listed
herein.
A building containing a number of rental units providing
lodging, and usually meals, to the general public on a transient basis.
Such rental units are customarily serviced by a single entrance to
the principal building. When conducted solely within the principal
building, incidental uses such as meeting rooms, dining rooms, kitchens,
cocktail lounges, and the like, shall also be activities included
within this definition of "hotel".
For the purpose of this Ordinance, the term "junk" shall
include rags, scrap iron, shavings, borings, old rope, old iron, brass,
copper, tin, lead, aluminum, plastic, and other old materials, automobiles,
boats, and tractors, trailers, construction equipment, boats, and
all manner of vehicles which are unfit for reconditioning for sale
or use or transportation, used parts of any of such vehicles or equipment,
old bottles, drums, barrels, glass, lumber, paper, discarded machinery
or parts thereof, old or broken pipe, brick, tubing and any forms
of construction materials, discarded iceboxes, refrigerators, freezers,
washing machines, dryers, water heaters, tubs, bathtubs, water closets,
lavatories, and other discarded fixtures, discarded doors, windows,
and storm doors and storm windows, and any other second-hand articles
or used materials and merchandise and such other articles or things
as commonly come within the classification of junk or debris.
Any area and/or structure used for the collection, storage,
or abandonment of any waste, discarded materials, or "junk", or the
dismantling, demolition, salvaging, or abandonment of structures,
automobiles, or other vehicles, equipment and machinery, pipe, or
parts thereof.
A parcel of land upon which main and accessory buildings
are or may be placed, together with the required open spaces.
The total square unit contents included within lot lines
and measured to the street line only.
A lot at the junction of, and having a frontage on, two or
more intersecting streets.
That percentage of the lot area that may be devoted to physical
improvements.
A mean horizontal distance between the front and rear lot
lines, measured at right angles to the streets from the intersection
of the side lines and the front lot lines.
A lot line or portion thereof which coincides with a street
line. In the case of corner lots the shorter of the two lot lines
coinciding with the street lines shall be considered the lot frontage.
See Street Line.
A lot other than a corner lot.
The horizontal distance between the side lot lines measured
between the points at which the rear line of the required front yard
area intersects the side lot lines.
The treatment or processing or raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
An establishment, business or use which provides the service
of massage and body manipulation, unless operated by an athletic trainer,
chiropractor, physical therapist, physician or masseuse licensed by,
or registered with, the State of New Jersey.
[Ord. No. 96-855]
A building intended to house one or more offices and/or laboratories
for the medical profession. An incidental use may include pharmacy
for sale of prescription medicines and like sundries. By "Medical
profession" is meant all fields of medicine and dentistry, licensed
by the State of New Jersey, and providing services to human beings.
An establishment, business or use which provides the service
of modeling in a manner depicting, describing or demonstrating sexual
activities or anatomical areas, whether for the purpose of live viewing
or of reproducing such depictions, descriptions or demonstrations
by means of photographs, moving pictures, video or computer based
recording.
[Ord. No. 96-855]
A group of rental units for transient guests with individual
entrances from the exterior of the building to each unit, operated
as a business for the purpose of providing lodging to transient guests.
An office and single dwelling unit for the owner, operator or manager
of said motel, may be included as secondary uses in conjunction with
the operation of a motel.
A place where gasoline or other motor fuel or lubricating
oil or grease for operating motor vehicles is offered for sale at
retail to the public, including sale of accessories, oiling, greasing,
washing, and light motor vehicle repairs on the premises, but in no
case to include major vehicle repairs or rebuilding or fender, body
or frame straightening, painting, or rebuilding.
A lawful building, or lawful use of land or of a building
existing at the effective date of this Ordinance, or any amendment
thereto, which does not conform with the requirements of this Ordinance.
A home for the aged, convalescent, and ill persons where
such persons are housed or lodged and furnished with food and nursing
care for compensation, and which is licensed as such under the laws
of the State of New Jersey; same shall not include "boarding house".
The act of occupying land or building for the purpose it
is arranged, intended, designed or maintained.
An unoccupied space open to the sky on the same lot with
a principal building.
An open space, other than a street or other public way, used
for the parking of motor vehicles and available for public use whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
An off-street area available for the parking of a motor vehicle
and which in this ordinance is held to be a minimum of 10 feet wide(measured
center of stripe to center of stripe) and 20 feet long (not including
overhang over curb or sidewalk) for non-residential & mixed use
shared parking (residential & nonresidential) parking spaces and
residential spaces shall comply with NJ RSIS N.J.A.C. 5:21 standards,
exclusive of passageways and driveways appurtenant thereto, and giving
access thereto. The Planning Board or Approving Authority. In reviewing
site plans, shall have the power to permit a limited number of parking
spaces to be less than the dimensions above, to be marked for compact
vehicles only. Adequate provision shall be made for ingress and egress
to all parking spaces as approved by the Borough Engineer.
The Planning Board of the Borough of Manville, unless otherwise
specified.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any building or structure, room or place in which pool or
billiards shall be played for gain, hire or reward, or where a fee
is charged for use of the facilities.
The office of a member of a recognized profession maintained
for the conduct of his profession. Such professions shall be limited
to:
Those of medicine, law, architecture, engineering, accounting,
art, religion, music, and other professions which require a similar
degree of training and experience and which engage in services to
persons (as contrasted with animals or property); and
Offices of veterinarians for the treatment and care of domestic
pets, including veterinarian hospital facilities, provided that all
such facilities are housed within buildings. This shall not permit
operations commonly known as kennels, whether for coops, runs or other
facilities.
Adult bookstores, adult motion picture theaters, cabarets,
massage shops and modeling studios.
[Ord. No. 96-855]
The total number of dwelling units which may be developed
on an area of land, before requirements for public access and required
open space are provided.
Any establishment, however designated, at which food is sold
principally for consumption on the premises to patrons seated within
an enclosed building.
Any non-profit academic institution offering courses and
curricula which are approved by the New Jersey Department of Education,
to pupils enrolled in nursery school, or in grades Kindergarten (pre-first
grade) to twelve, or any segment of such grade structure.
Slope shall be determined by the scale distance between 10
foot contours, being contours divisible by ten. (In other words, the
contour lines to be used shall be, for example, 450, 460, 470, etc.,
and not 452, 462, 472, etc.). Accordingly, 20% slope is whenever the
10 foot contours are 50 feet apart.
Any structure or part thereof or device attached thereto
or painted or represented thereon, which displays or includes any
letter, word, model, banner, flag, pennant, insignia, device or representation
used as, or which is in the nature of any announcement, direction
or advertisement, or for the purpose of bringing the subject thereof
to the attention of others. For the purpose of this Ordinance the
word "sign" includes "billboards."
ADVERTISING SIGN. A sign which directs attention to a business,
commodity, service, or establishment conducted, sold or offered elsewhere
than upon the premises.
BUSINESS SIGN. A sign which directs attention to a business
or profession conducted upon the premises. A "for sale" or "to rent"
sign relating to the property on which it is displayed shall be deemed
a business sign.
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.
The general plan or layout of a lot and the installations on the lot showing the location and/or proposed location of main buildings, other structures, streets, driveways, access roads, parking and loading lots and areas, drainage, topography, grading, landscaping, sewerage disposal system, water supply system, easements, signs and utilities, including dimensions of all of the foregoing and elevations of all sides of building(s), together with such other data as will fully disclose the nature of the use or uses proposed. See Chapter 30, Land Development Ordinance of the Borough of Manville.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
HALF STORY. 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 basement shall also be included as a half-story. (See Basement)
A public thoroughfare which has been dedicated or deeded
to the public for public use and which has been improved in accordance
with municipal standards.
The line determining the limit of the highway rights of the
public, either existing or contemplated. Where a definite right-of-way
width hasn't been established, the street line shall be assumed to
be at a point 25 feet from the center line of the existing pavement.
Where a building lot has frontage on a street which the Master Plan
or Official Map of the Borough indicates is proposed for right-of-way
widening, the required front yard shall be measured from such proposed
right-of-way line.
The word "structure" shall include the word "building" and
shall include anything constructed, assembled, or erected, the use
of which requires location in or on the ground or attachment to something
having location in or on the ground, and shall include, by way of
illustration and not by way of limitations, fences, swimming pools,
tanks, towers, signs, bins, tents, lunch wagons, trailers, dining
cars, camp cars, or similar structures on wheels or other support
used for business, recreation, living, or other purposes. The word
"structure" shall not apply to essential service utilities entirely
below the ground.
A public or privately-owned swimming pool open to the general
public on a membership or fee basis and having appropriate dressing
room facilities and off-street parking areas.
A swimming pool which is an accessory use to a dwelling unit
located on the same lot. Such private swimming pool, whether "in ground"
or "above-ground" shall be considered a structure and be subject to
all of the provisions of this Ordinance governing the location of
any accessory building.
A one-family dwelling in a connected row of at least three
such units in which each unit has its own front and rear access to
the outside, and each unit is separate from any other unit by one
or more vertical common fire-resistant walls.
[Ord. No. 706, Ord. No. 2003-979, Ord.
No. 2004-999]
TRAILER COACH. A vehicle or structure used or so constructed
as to permit its being used as a licensed conveyance upon the public
streets or highways and constructed in such a manner as will permit
its occupants as a place of day-to-day habitation for one or more
persons. This term shall also include automobile trailers, mobile
homes, house trailers, trailer coaches and camper trailers, excepting
therefrom "travel trailers" which are less than six feet in width
and less than 10 feet in length and which are not used for purposes
of day-to-day habitation.
TRUCK TRAILER. Any vehicle or unit equipped with wheels or similar
devices used for the purpose of commerce or transporting goods, stock
or merchandise, for transportation on a flat-bed railroad or ship.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
FRONT YARD. An open, unoccupied space on the same lot with the
principal building, extending the full width of the lot and situated
between the street line and the front line of the building projected
to the side lines of that lot. "Setback line" shall be synonymous
with the rear limit of the required front yard area.
REAR YARD. An open space extending across the full width of
the lot and lying between the rear line of the lot and the nearest
line of any building on the same lot. The depth of a rear yard shall
be measured at right angles to the rear line of the lot, or it the
lot is not rectangular, then in the general direction of its side
building lines.
SIDE YARD. An open, unoccupied space between the side lot line
and the building line nearest thereto, extending from the front yard
to the rear yard, or in the absence of either, to the street or rear
lines as the case may be. The width of the side yard shall be measured
parallel to the front lot line.
The official appointed to administer the Zoning Ordinance
of the Borough of Manville, or his Deputy or other person officially
appointed to act in his place or stead, or in the event of his absence,
disability or disqualification.
