It shall be the purpose of this chapter to promote health, safety, morals and general welfare, prevent overcrowding of land and buildings, avoid undue concentration of population, and provide adequate light and air, with reasonable consideration to the character of the zone and its peculiar suitability for particular uses and with the objective of conserving the value of property and encouraging the most appropriate use of land throughout the Borough.
A.
The words used in the present tense include the future. The singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the phrase "intended to be occupied"; the word "used" includes the words "arranged" and "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.[1]
B. ACCESSORY USE OR BUILDING ADULT COMMUNITY APARTMENT UNIT AREA, BUILDING AVERAGE ALIGNMENT BUFFER STRIP BUILDING CELLAR COIN-OPERATED AMUSEMENT MACHINE OR DEVICE COMMERCIAL COMMERCIAL FARM(1) (2) COMMON OPEN SPACE CONTAINER CONTOUR CONVENTIONAL DEVELOPMENT CONVENTIONAL LOT CONVENTIONAL SUBDIVISION DEVELOPMENT DIRECT ACCESS DWELLING DWELLING UNIT EXTENDED FAMILY DWELLING UNIT FAMILY FARM FARM MANAGEMENT UNIT FARM MARKET FLAT FLOOR AREA GARAGE, PRIVATE GARAGE, PUBLIC GARDEN APARTMENT GASOLINE STATION GROSS DENSITY GROSS USABLE AREA GROSS VEHICLE WEIGHT (GVW) HEIGHT OF BUILDING INDUSTRIAL IMPERVIOUS SURFACE KENNEL LOT LOT CLUSTER LOT CLUSTER SUBDIVISION LOT, CORNER LOT DEPTH LOT FRONTAGE LOT, INTERIOR LOT LINE LOT WIDTH MOBILE HOME MUNICIPAL AGENCY NONCONFORMING LOT OCCUPATION, HOME OPEN SPACE OPEN SPACE ORGANIZATION OVERLAY ZONE PARKING SPACE PICK-YOUR-OWN OPERATION PLANNED RESIDENTIAL DEVELOPER PLANNED RESIDENTIAL DEVELOPMENT PLANNING BOARD PRIVILEGE PATIO PROFESSIONAL OFFICE RESIDENTIAL LOT CLUSTER DEVELOPMENT SIGN SIGN, AREA OF SINGLE-FAMILY DWELLING SITE PLAN(1) (2) (3) STORY STREET STREET LINE SURFACE AREA TERMINAL TOWNHOUSE TEMPORARY STORAGE STRUCTURE TEMPORARY STORAGE STRUCTURE UNIT TOWNHOUSE STRUCTURE TRACTOR TRAILER TRANSPORTATION TWO-FAMILY DWELLING USE YARD, FRONT YARD, REAR YARD, SIDE ZONE DISTRICT BOUNDARY ZONING BOARD ZONING MAP ZONING PERMIT
As used in this chapter, the following terms shall have the meanings indicated:
A subordinate use or building, the purpose of which is incidental to that of the main use or building and on the same lot.
Any development established pursuant to Article X of this chapter.
A portion of a building designed and used exclusively as a dwelling.
The total of areas of outside dimensions on a horizontal plane at the main grade level of the principal building and all accessory buildings, inclusive of unroofed extensions, porches, paved terraces and steps attached or connected to the building.
A distance which is the total setback distance of all buildings within 200 feet on each side of the lot and within the same block and on the same side of the street, divided by the total number of houses included within that distance.
An area of land along part or all of the boundary of a development either landscaped or retained in its natural state so as to form a living wall of vegetation, serving as a visual barrier between properties.
Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or other supports and any unroofed platform, paved terrace or porch.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining finished grade, or having less than four feet of clear height above the average level of the adjoining finished grade.
Any coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence, or indicates in any other way competitive advantage of one player or team over another, regardless of skill competence. It shall include devices such as marble machines, skill ball, pinball, mechanical grab machines, the machines or contrivances commonly known as bagatelle, baseball, hockey, football, pool table, target shooting, shuffle board, or shuffle alley, bowling or any similar named device or any device which utilizes an electron (TV) tube or reproduces symbolic figures and lines intended to be representative of real games or activities, but specifically excluded shall be any device, whether operated by coin or not, which merely provides a ride, sensation, electronic reading or weight for use by and to the amusement of the public.
An activity involving the sale of goods or services carried out for profit.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A farm management unit, as defined herein, of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit, as defined herein, containing less than five acres but producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
An open space area within or related to a site designated as a development and designated and intended for the use, enjoyment and ownership of residents and owners of the development.
A sealed, rigid, reusable metal box used to hold goods and which requires transport by vessel, truck or rail.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A line closes on itself and connects all points at the same elevation relative to a known landmark.
Any development other than a lot cluster development or a planned residential development.
Any lot other than a "lot cluster" lot.
Any other subdivision other than a "lot cluster" subdivision.
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 pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A vehicular connection between the public street servicing a development and interior uses in the development, notably parking areas, without passage across or through other streets or uses.
A building or portion thereof which is designed for or used exclusively as the living quarters of one family or more families.
A room or series of connected rooms having a separate entrance and containing living, cooking, sleeping and sanitary facilities for one family.
A single-family house constructed or converted to permit two families related by blood or marriage to reside therein, subject to the further provisions of this chapter, including § 28-5.1B.
One or more persons living and cooking together in a nonprofit dwelling unit, on a permanent basis, equivalent to that of a traditional family unit. For purposes of this chapter, one or more persons living together in a rooming house, boardinghouse or single room occupancy unit, subject to the Rooming and Boarding House Act of 1979 (N.J.S.A. 55:13B-1 et seq.), shall not constitute a family.
Land consisting of two acres or more on which produce, crops or flowers are grown primarily for off-premises consumption or use.
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products and operated as a single enterprise.
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area of the farm market shall be devoted to the sales of the agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.[2]
A one-story apartment unit in buildings not to exceed 2 1/2 stories, provided that only two stories shall be occupied as living area.
The total floor area of a dwelling measured by using the outside dimension of the dwelling at each story. The floor area of units sharing a common wall shall be measured from the center of interior walls and the outside of the exterior wall. The floor area shall exclude the areas of the garage, attic, porch or patio, cellar and all portions of floor areas which have a ceiling height above them less than 7.5 feet.
An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use.
A building or part thereof, other than a private garage, used for the storage, maintenance or repair of motor vehicles for profit, including any sales of motor vehicle accessories, or where any such vehicles are kept for hire.
A group of buildings designed as in integral whole for occupancy by three or more families living in separate apartments independently from each other.
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing motor vehicles.
The number of dwelling units per acre of gross usable area, including streets, easements and usable open space of a development.
Land area not including bodies of water, watercourses, floodways, floodplains having an existing grade four feet or more below the base flood elevation, steep slopes in excess of 15% gradient, or other land reserved for public use.
The gross vehicle weight measured in pounds as classified by the federal government for trucks. The gross vehicle weight includes the weight of the vehicle plus the maximum carrying load permitted by law.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
The manufacturing, packaging, storage, and distribution of products, including warehousing, wholesaling, and shipping and receiving, and scientific research development and training.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
Certain lot improvements impenetrable by water, including but not limited to sidewalks, street pavement, driveways, patios and buildings, expressed as a percentage, arrived at by dividing the area of impervious surface by the gross lot area.
Any building, yard, enclosure, premises, lot or grounds used for the keeping, raising, selling, breeding or boarding of five or more dogs or cats.[3]
A piece, parcel or plot of land occupied or designed to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces which are arranged and designed to be used in connection with such buildings.
One or more lots created in conformance with Article XIX of this chapter.
A subdivision which utilizes the provisions of Article XIX, Residential Lot Cluster Development, of this chapter.
A parcel of land at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 150°.
An average horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
The width of a lot measured at the street line from side lot lines. The minimum frontage requirements may be measured at the building setback line if, in the opinion of the municipal agency, the arrangement of lot lines so warrants.
A lot other than a corner lot.
A line of record dividing one lot from another. Any lot line not a rear line nor a front line shall be deemed a side line. If a lot is irregular in shape, the line which is most nearly parallel to and at the greatest average distance from the street line shall be deemed to be the rear line, and all other lot lines excepting the street line shall be deemed to be side lot lines.
The average width of the lot measured at right angles to its average depth.
A structure of vehicular, portable design built on a chassis and designated to be moved from one site to another and to be used without a permanent foundation.
The Municipal Planning Board or Zoning Board of Adjustment or the governing body of the Borough when acting pursuant to this chapter.
A lot of record existing at the date of the passage of this chapter which does not have the minimum frontage or contain the minimum area for the zone in which it is located.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
Any organization established pursuant to Article XV of Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park for the ownership and maintenance of any common open space for the benefit of owners or residents of any lot cluster development or planned residential development or townhouse development where the individual townhouse units are to be offered for sale.
A zoning district that encompasses one or more underlying zones and that imposes additional or alternative requirements, as specified, beyond those required for the underlying zone.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
An off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area nine feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
A direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural, or horticultural products.
The legal or beneficial owner or owners of a lot or any land proposed to be included in the proposed planned residential development, including the holder of an option or contract to purchase, or other person having an enforceable propriety interest in such land.
An area with a specified minimum contiguous area of 50 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.[5]
The Planning Board of the Borough of Lincoln Park.
A porch or patio designed as an integral part of an individual dwelling unit and designated for the use of the residents of that unit.
The office of a member of a recognized profession. A professional office, when conducted in a residential zone, shall be incidental to the use of the dwelling for dwelling purposes and shall be conducted by a member of the immediate family residing on the premises and entirely within the residential building. Such professional office shall include, but not limited to, the office of a doctor, lawyer, minister, architect and professional engineer, provided that the practice of such professional shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located.
Any development established pursuant to Article XIX of this chapter.
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.
The maximum projected area of the shape which encloses the sign, device or representation.
A detached one-family dwelling unit.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and[6]
Any other information that may be reasonably required in order to make an informed determination pursuant to an applicable Borough ordinance.
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 five feet or more above the level of the line of the finished floor next below it, except a basement. A basement or cellar shall be counted as a story if it is used for business or sleeping purposes. 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, provided that not more than 60% of the floor area is used for rooms, baths, or toilets; otherwise it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by law, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a planning board and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
The dividing line between a right-of-way and the lot across which there is permanent access to the lot.
In the case of signs, means the total area of the sign, excluding supports as measured on one side.
Any location where freight either originates, terminates, or is handled in the transportation process; or commercial motor carriers maintain operating facilities.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
One or a series of contiguous one-family dwelling units, each attached on either or both sides to another one-family dwelling unit. Each one-family dwelling unit shall extend from the ground to the roof and be serviced by individual front and either side or rear yards integral to each unit.
A movable or portable storage container or self-storage container, or other movable structure that can be used for the storage of personal property and which is located for such purposes outside an enclosed building other than an accessory structure.
[Added 8-16-2021 by Ord. No. 9-21, effective 9-6-2021]
A single unit of a temporary storage structure such as a PODS® (Portable On Demand Storage) or similar unit.
[Added 8-16-2021 by Ord. No. 9-21, effective 9-6-2021]
A building or structure containing two or more townhouse dwelling units.
The non-cargo-carrying power unit that operates in combination with a trailer.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
An unpowered freight trailer supported by a rear and/or front axle and pulled or towed by means of a drawbar or other device connecting it to a tractor.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
The movement of people or goods but shall not include overnight storage or parking of trucks, trailers, or containers outside of an enclosed building.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A detached residential building designed or occupied as a residence for two families containing two vertically or horizontally contiguous independent dwelling units, each such unit consisting of a room or series of connected rooms having a separate entrance and containing living, cooking, sleeping and sanitary facilities for one family.
The specific purpose for which land or a building is designed, arranged, or intended or for which it is or may be occupied or maintained.
An open space unoccupied by any building extending across the full width of the lot and lying between the street line of the lot and the nearest line of any building. The depth of the front yard shall be measured at right angles to the street line.[7]
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.[8]
An open space unoccupied by any building between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
The boundary of a zoning district as shown on the Zoning Map.
The Zoning Board of Adjustment of the Borough of Lincoln Park.
A map titled "Zoning Map of the Borough of Lincoln Park, Morris County, New Jersey" dated September 20, 1984, and adopted as part of this chapter establishing zone districts and their boundaries.[9]
A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.