[1991 Code § 232-2]
A.
Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meanings herein indicated.
B.
For the purposes of this chapter, the word "building" shall include
the word "structure"; the word "used" or "occupied" shall be deemed
to also include "designed, intended or arranged to be used"; and the
word "lot" shall include the word "plot" or "parcel."
[1991 Code § 233-3; Ord. No. 860; Ord. No. 1997-33; Ord. No. 2000-29; Ord.
No. 2002-12; Ord. No. 2010-04; Ord. No. 2010-08; Ord. No. 2013-13; Ord.
No. 2019-01; Ord. No. 2020-01]
As used in this chapter, the following terms shall have the
meanings indicated:
A building detached from and subordinate to the main building
on a lot and used for purposes customarily incidental to those of
the main building.
A use customarily incidental and subordinate to the main
use conducted on the same lot, whether or not such accessory use is
conducted in a minor accessory building.
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this chapter, N.J.A.C. 5:93 and N.J.A.C.
5:80-26.1 et seq.
As to the Planning Board, the Secretary of the Planning Board.
For the purpose of determining whether structures and uses are conforming
or nonconforming, the Zoning Officer shall serve as the "administrative
officer."
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a very-low-, low-
or moderate-income household as defined in N.J.S.A. 52:27D-304; in
the case of an ownership unit, that the sales price for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended
and supplemented, and, in the case of a rental unit, that the rent
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12,
as may be amended and supplemented.
A housing development all or a portion of which consists
of income restricted units.
A very-low-, low- or moderate-income dwelling unit.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A monthly rent including utilities charged to an eligible
very-low-, low- or moderate-income family which shall not exceed 30%
of their monthly gross income as calculated by N.J.A.C. 5:93-7.4(f).
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court and/or funded through an affordable
housing trust fund.
A residential development consisting of housing units designed
to meet the needs of, and exclusively for, the residents of an age-restricted
segment of the population such that: 1), all the residents of the
development wherein the unit is situated are 62 years of age or older;
or 2), at least 80% of the units are occupied by one person who is
55 years of age or older; or 3), the development has been designated
by the Secretary of the U.S. Department of Housing and Urban Development
as "housing for older persons" as defined in Section 807(b)(2) of
the Fair Housing Act, 42 U.S.C. § 3607.
As applied to a building or structure, a change or rearrangement
in any part or in the existing facilities or an enlargement of any
dimension of the building or the moving from one location or position
to another. Ordinary repairs shall not be considered "alterations."
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the DCA; residential health care
facilities as regulated by the New Jersey Department of Health; group
homes for the developmentally disabled and mentally ill as licensed
and/or regulated by the New Jersey Department of Human Services; and
congregate living arrangements.
Any machine or device which, upon the insertion of a coin,
token, plate or disc, may be operated by the public generally for
use as a game, entertainment or amusement, whether or not registering
a score. This term shall include, but not be limited to, amusement
devices commonly known as electronic video games, pinball, skillball,
mechanical grab machines, marble machines, baseball, bagatelle, and
all games, machines or devices similar thereto under whatever name
they may be designated.
A residential structure of not more than 2 1/2 stories
containing three or more dwelling units. (See also "multiple dwelling."
An accessory shelter that is made by growing plants or vines
over a frame.
The aggregate of the horizontal cross-section area of the
building(s) on a lot, excluding cornices, eaves, gutters, balconies
and terraces.
That part of a building which is immediately below and wholly
or partly within the roof framing.
The first line of masonry of a structure above the adjacent
ground level.
That space of a building that is partly below grade and which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
Any combination of materials forming any construction with
a fixed location on the ground. The word "building" shall include
structures, signs, fences, walls, radio and television antennas, gasoline
pumps, pergolas, outdoor bins, swimming pools, mobile homes and other
similar structures.
See "setback line."
A building in which the primary use of the premises is conducted.
A story having more than 1/2 of its height, measured from
finished floor to finished ceiling, below the adjacent ground level.
A household that has been certified by an Administrative
Agent as a very-low-income, low-income household or moderate-income
household.
For the purpose of measuring the height of any portion of
a building, the level of the curb at the center of the front of the
building, except that where a building faces on more than one street,
the "curb level" shall be the average of the levels of the curbs at
the center of each front.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
Premises constructed for the sale of any goods or services
by means of curb, window-counter or self-service, whether to the motoring
public or to pedestrians.
A transportable rigid container, which is a portable detachable
device, used for routine collection, temporary storage of solid waste,
construction materials, industrial and other waste or recyclable materials
on a temporary basis.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for one family only and having no
enclosed space or cooking facilities in common with any other dwelling
unit, except vestibules, entrance halls, porches or hallways.
The floor area enclosed within the inside walls of the dwelling
unit with a finished floor-to-structural-ceiling height of not less
than seven feet six inches and excluding garages, porches and any
spaces located below the top of the foundation wall.
One of the following:
APARTMENT HOUSEAny building or portion thereof which is arranged or designed to be occupied by three or more families or individuals living independently of each other and having separate kitchen and sanitation facilities. See definition of "apartment house, garden-type."
LODGING HOUSE, ROOMING HOUSE or BOARDINGHOUSEAny house, building or portion thereof in which three or more persons are furnished lodging or rooming accommodations for hire or otherwise.
HOTELA building having at least 50 sleeping rooms, where separate cooking facilities are not provided and where rooms are rented primarily on a temporary or day-by-day basis.
NURSING HOMEA building having at least 20 rooms for the accommodation of persons in need of constant medical care or supervision and providing common dining and recreational facilities.
A detached building, other than a mobile home, containing
one dwelling unit designed for one family only.
A building or portion thereof containing two dwelling units,
each with separate kitchen(s) and bathroom(s). This may be either
a semi-detached house, the two parts of which share a party wall,
each side not housing more than one family, or a structure containing
separate quarters for one family over the quarters of the other family.
The plan that describes the mechanisms, strategies and the
funding sources, if any, by which the Borough proposes to address
its affordable housing obligation as established in the Housing Element,
including the draft ordinances necessary to implement that plan, and
addresses the requirements of N.J.A.C. 5:93-5.
One or more persons related by blood, marriage or adoption
or unrelated persons occupying a dwelling unit as a single nonprofit
housekeeping unit.
Any vertical obstruction that provides physical or visual
security or privacy. This includes, but is not limited to, living
fences (hedges, shrubs, trees) or other barrier material of posts,
rails, slats, lattice, mesh, etc. or any built structure.
A garage used for the storage of vehicles and accessory to
the principal use of the building on the same parcel.
A garage which is used commercially for the storage, servicing,
maintenance or equipping of vehicles.
An accessory building consisting of a detached, covered,
free standing, open-air structure.
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior faces of
interior walls. In particular, the floor area shall include any basement
or cellar space which has been improved for use and all interior balconies
and mezzanines.
The vertical distance measured from the established grade
curb level at the front of the building to the highest point of the
roof.
The number of separate habitable levels, excluding cellars
and basements. Split-levels and mezzanines which do not accommodate
a habitable space underneath shall be counted as half a story.
Any handicraft, profession or service for gain or support
conducted only by members of a family residing on the premises and
conducted entirely within the dwelling, provided that no article shall
be sold or offered for sale except such as may be produced by members
of the immediate family residing on the premises, and no machinery
shall be used other than one sewing machine and customary office equipment.
A "home occupation" may be a funeral home, private school or professional
office but shall not be limited to these.
Persons, whether related or unrelated, living together in
a single dwelling unit, with common access to and common use of all
living and eating areas and all areas and facilities for the preparation
and serving of food within the dwelling unit.
The portion of the Borough's Master Plan, required by the
Municipal Land Use Law in N.J.S.A. 40:55D-28b(3) and the Act, that
includes the information required by N.J.A.C. 5:93-5.1 and establishes
Hightstown's fair share obligation.
A development containing both affordable units and market
rate units. This term includes, but is not limited to: new construction,
the conversion of a non-residential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
Any paved or otherwise surfaced off-street space provided
in a convenient location, only for the loading or unloading of goods,
having dimensions of at least 12 feet in width and 35 feet in length
with clear headroom of at least 14 feet and having direct usable access
to a street.
Any single parcel of land having frontage on an improved
public street or an approved private street and not necessarily coincident
with a lot or lots shown on a map of record, which is occupied or
which shall be occupied by a building and its accessory buildings,
if any, or by a group of buildings having any land in common and the
buildings accessory to such group, if any, or as a yard to provide
open space or other uses for a building on an abutting lot.
The mean distance from the street line of a lot to its opposite
rear line, measured in the general direction of the side lines of
the lot. In a corner lot, the depth is the longer dimension thus measured.
Any boundary line of a lot.
The mean dimension of the lot, measured at right angles to
its depth.
A lot at the junction of and abutting on two or more intersecting
streets.
A lot other than a corner lot.
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable housing
region, as updated annually according to a formula approved by the
Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
A restricted unit that is affordable to a moderate-income
household.
See definition of hotel under multiple dwelling definition.
The sum of the horizontal areas of all floors of any nonresidential
building, measured from the interior faces of interior walls, which
are intended for the primary use of the building's purpose, e.g.,
office space in an office building or retail sales area in a store.
This shall not include basements, storage areas, bathrooms and similar
secondary uses.
The area of all property in residential use, including yards,
buildings, driveways, play areas and other open space and private
streets, but excluding public streets and other lands in nonresidential
use and the open space pertaining to such nonresidential use.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A building or use that does not conform to the regulations
prescribed in this chapter for the district in which it is located.
A space nine feet wide and 20 feet long, exclusive of driveways
and turning areas, which shall be accessible from an aisle, driveway
or public street and available for the parking of one vehicle.
An accessory structure of parallel colonnades supporting
an open roof of crossing rafters or trelliswork.
A theater, moving-picture house of any other place or assembly
hall maintained or leased for pecuniary gain where persons may assemble
for amusement or recreation, except buildings or halls owned by churches
or religious organizations.
A transportable container, storage unit, shed-like container
or other portable structure designed and used for the temporary storage
of household goods, personal items, construction materials and supplies
and other materials which is placed on a site for the use of occupants
of a dwelling or building on a limited basis; portable storage units
include, but are not limited to, certain trade named units called
"PODS", "mobile attics" and like portable on-demand storage containers.
A toilet facility that is fixed on a movable stand; self-supporting
without being firmly embedded in the ground; supported by other objects;
mounted on wheels or movable vehicles, or made easily movable in some
other manner.
A person:
Who submits an application for certification as a qualified
purchaser or renter to the management of the unit;
Whose gross aggregate family income at the time of the proposed
purchase or rental of an affordable unit is within very-low-, low-
or moderate-income levels, as defined herein; and
Who obtains certification as a qualified purchaser or renter
of an affordable unit from Hightstown Borough's Administrative Agent
as set forth in this article.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
A register of eligible very-low-, low- and moderate-income
households for which suitable units are not yet available.
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved Regional Income Limits.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under the Urban Homeownership Recovery Program (UHORP)
or Market Oriented Neighborhood Investment (MONI) program.
See definition contained under "dwelling, multiple."
Includes small satellite and large satellite antennas or
dishes, as follows:
SMALL SATELLITE ANTENNA OR DISHAny apparatus which is designed for the purpose of sending or receiving television, radio, microwave, satellite or similar signals with the exception of conventional television, radio and amateur radio antennas, and has a receiving diameter of 39 inches or less.
LARGE SATELLITE ANTENNA OR DISHAny apparatus which is designed for the purpose of sending or receiving television, radio, microwave, satellite or similar signals with the exception of conventional television, radio and amateur radio antennas, and has a receiving diameter of more than 39 inches.
Any device or representation for visual communication used
as or which is in the nature of an advertisement, announcement or
direction, including any letter, word, model, banner, pennant, insignia
or trade flag, but excluding any public traffic or directional signs.
A rigid structure, either installed, placed or constructed
on a lot, for the purpose of storage of personal household goods.
That habitable part of any building included between any
floor and the floor or ceiling next above. The ground or first story
of a building shall be the lowest story thereof which has its floor
level entirely above the level of the ground, except that when the
ground story has a ceiling seven feet six inches or more above the
curb level, it shall be considered as a "story" in determining the
height of a building.
A story under a roof, other than a flat roof, the rafter
plates of which on at least two opposite walls are less than three
feet above the floor itself.
The dividing line between a lot and a public street, road
or highway having a width of at least 25 feet or a private street,
road or way over which two or more dominant properties have the right-of-way.
Any change in the supporting members of a building.
A non-commercial structure that is used for the transportation
or storage of goods or materials, for temporary short-term habitation
in case of calamity, or other occupancy as defined in this chapter;
a box container which has been temporarily or permanently removed
from a chassis or truck bed shall be considered a "trailer."
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26-1, et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income by household size.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
An open, unoccupied space within and extending the full width
of the lot between all street lines and the parts of the building
nearest to such street lines.
An open space, unoccupied except for permitted accessory
buildings, extending the full width of the lot between the rear lot
line and the parts of the building, throughout its height, nearest
to such rear lot line. In the case of a lot on the corner of two or
more streets, either lot line not bordering on a street may be elected
by the owner to be the rear line, provided that he notes the same
on his plans as officially filed with the Building Inspector. In case
of a triangular lot between two streets meeting at an angle of 90°
or less, the lot line which is not also a street line shall be considered
a side lot line and not a rear lot line.
The minimum distance from the rear lot line or its vertical
projection to the part of the building, throughout its height, that
is nearest thereto at any story level.
An open unoccupied space, extending the full length of the
lot, between the side lot line and the part of the building nearest
thereto.
The minimum distance between the side lot line or its vertical
projection and the side walls of the building at any story level.
