A.
Word usage. Words in the present tense include the future; the singular number includes the plural, and the plural includes the singular; the word "lot" includes the word "plot," the word "building" includes the word "structure," the word "street" includes the word "road," the word "occupied" includes the words "designed or intended to be occupied," and the word "used" includes the words "arranged, designed or intended to be used."
B. BUILDING BUILDING, ACCESSORY BUILDING, ACCESSORY USE BUILDING ALTERATION BUILDING AREA BUILDING HEIGHT BUILDING LIVING FLOOR SPACE BUILDING, NONCONFORMING(1) (2) (3) (4) (5) (6) (7)
BUILDING STORY COMMON OWNERSHIP COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED COMMUNITY RESIDENCE FOR THE TERMINALLY ILL COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE COURT, INNER COURT, LENGTH OF OUTER COURT, OUTER CURB LEVEL DWELLING FAMILY GARAGE, COMMERCIAL GARAGE, PRIVATE GARAGE, PUBLIC IMPERVIOUS COVERAGE LIVING FLOOR SPACE LOT LOT, CORNER LOT DEPTH LOT, INTERIOR LOT, REAR OR BACK LOT, SUBDIVISION PORCH, OPEN PREMISES SIGN SIGN AREA MEASUREMENT SIGN DISPLAY AREA SIGN, BILLBOARD (BILLBOARD SIGN)(1) (2) SIGN, DOUBLE-FACED (DOUBLE-FACED SIGN) SIGN, FREESTANDING (FREESTANDING SIGN) SIGN, ILLUMINATED (ILLUMINATED SIGN) SIGN, MULTIPLE MESSAGE (MULTIPLE MESSAGE SIGN) SIGN, OFF-PREMISES ADVERTISING (OFF-PREMISES ADVERTISING SIGN) SIGN, ON-PREMISES ADVERTISING (ON-PREMISES ADVERTISING SIGN) SIGN, STATIC MESSAGE (STATIC MESSAGE SIGN) SIGN, V-TYPE (V-TYPE SIGN) SINGLE-FAMILY DWELLING STORE, RETAIL STREET STREET LINE STRUCTURAL ALTERATION STRUCTURE TEMPORARY STORAGE STRUCTURE TEMPORARY STORAGE STRUCTURE UNIT USE, NONCONFORMING YARD YARD, FRONT YARD, REAR YARD, SIDE
Certain words in this chapter are defined for the purposes hereof as follows:
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
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 private garage shall be considered an "accessory building."
A use naturally and normally incident and subordinate to the main use of the premises.
Any change in supporting members of a building and any addition to a building, any change in use from that of one zone classification to another and the removal of a building from one location to another.
The ground cover area of a building and its accessories.
The vertical distance from the grade to the top of the ridge.
Those habitable areas within a building which are enclosed by the outside walls of the building or structure exclusive of porches, garage floor space, breezeways and stoops, attic and basement floors.
Any building, together with attached porch, breezeway, stoop, garage and other appurtenances, shall be deemed to be nonconforming whenever it shall possess one or more of the following characteristics:
Whenever it contains less living floor space, as defined in Article X hereof, than the minimum prescribed for the zone in which it is located.
Whenever it abuts a front yard measuring less than the prescribed minimum in depth between the side line of the street upon which the building lot fronts and the furthermost projection of the building, including that of the porch, stoop, breezeway, garage, overhang or other attached appurtenance in a perpendicular direction toward said street.
Whenever it abuts a side yard of less width than the minimum prescribed for the zone in which located, or the minimum permitted by Article X hereof whenever such provisions shall be applicable.
Whenever, in the case of a corner lot, it abuts a side yard of less than the prescribed minimum measured between the side line of the side street intersecting the street of principal frontage and the furthermost projection of the building, including that of the porch, stoop, breezeway, garage or other attached appurtenance in a perpendicular direction toward said side street, or the minimum permitted by Article X and § 207-14D hereof whenever such provisions shall be applicable.
Whenever it abuts a rear yard of less depth than the minimum prescribed for the zone in which it is located.
Whenever, by reason of the commencement of the erection, alteration or addition to prior to the enactment of this chapter, or by reason of a variance therefrom granted by competent authority, it does not conform to the provisions of any regulation prescribed for the zone in which it is located and which nonconforming characteristics are in addition to those set forth in Subsection B(1), (2), (3), (4) and (5) above.
Whenever said building is on a lot which does not conform to the minimum requirements.
The above examples are enumerated to point out the most usual examples of nonconformance but are not intended to enumerate all possible nonconformances. |
That part of a building between any floor and the floor above or, in its absence, the ceiling or roof above. The height of a "story" shall be defined in the Borough of Kinnelon Building Code.
[1]Ownership, by one person or by two or more persons owning property jointly or in common, of two or more contiguous parcels of real property.
A community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community and shall include but not be limited to group homes, halfway houses, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). As used herein, "person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
[Added 4-16-1998 by Ord. No. 6-98]
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used herein, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[2] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
[Added 4-16-1998 by Ord. No. 6-98]
Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
[Added 4-16-1998 by Ord. No. 6-98]
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
[Added 4-16-1998 by Ord. No. 6-98]
An open, unoccupied space, other than a yard, on the same lot with a building and not extending to either the street or the yard.
The horizontal distance between the end opening on a street or rear yard and the end opposite such street or rear yard.
An open, unoccupied space, other than a yard, on the same lot with a building, extending to either the street or the rear yard.
The permanently established grade of the street in front of the lot.
[3]Any building or portion thereof which is designed for or occupied for residential purposes.
[4]One or more persons occupying a dwelling as a single nonprofit housekeeping unit, whose relationship is of a permanent and domestic character and who are living together as a stable and permanent living unit, using certain rooms and cooking or bathing facilities in common, and being a traditional family unit or the functional equivalent thereof. Nothing herein contained shall be deemed to interfere with or restrict the placement of children in a group home pursuant to N.J.S.A. 40:55D-66c or any other use of single-family dwellings protected by state statute. All commercial residences, nonfamilial institutional uses (except for community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries), boarding homes and other such occupancies shall be excluded from one-family zones.
[Amended 6-21-1990 by Ord. No. 3-90; 7-17-1997 by Ord. No. 11-97; 4-16-1998 by Ord. No. 6-98]
Any building or premises used for the storage of one or more commercially used buses, trucks, tractors, trailers, bulldozers and any other heavy motor-driven equipment, including storage for manufacture, repair, demonstration, sale, rental, painting, adjustment or inspection of the foregoing.
A building designed and used for the storage of privately owned motor vehicles. Nothing herein can be construed to prohibit its use, however, for the storage of one commercial vehicle.
Any building or premises used for the storage of one or more self-propelled vehicles or motorcycles, including storage for repair, demonstration, sale, rental, spot painting or adjustment of equipment. Repairs shall not include body and fender work and paint spraying. A salesroom conducted exclusively for the exhibition of not more than 10 vehicles as mentioned above shall not be classed as a "public garage" but shall be defined as a "showroom."
The portion of a building lot that is unable to be affected by water or through which water or other fluids can not pass.
[Added 5-19-2005 by Ord. No. 5-05]
All habitable areas within a residence, exclusive of the attic, basement and garage.
[Added 5-19-2005 by Ord. No. 5-05]
A parcel of land occupied or proposed to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such buildings, which parcel of land has its principal frontage on a public street or a private street of record; said private street must provide access to an accepted public street.
A lot located at the junction of and fronting on two or more intersecting streets.
The mean distance from the street line of the lot to the rear lot line, measured generally parallel to the side lines of the lot. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
A lot other than a corner lot.
A lot without required road frontage. In order to be created by subdivision, it must:
A new lot or lots formed from part of a parcel of land. The separation must be effected in such a manner as not to impair any of the provisions of this chapter.
All piazzas, porches or porte cocheres, to be considered part of the building.
Land and buildings and structures thereon.[5]
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
[Added 4-20-2023 by Ord. No. 04-23]
The area of any sign face shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. Where there is no geometric frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign. This shall not be construed to include the supporting members of any sign which are used solely for such purpose.
[Added 4-20-2023 by Ord. No. 04-23]
The entire area of a sign that is within a single perimeter composed of squares or rectangles that enclose the extreme limits of the advertising message, announcement, demonstration, display, illustration, insignia, surface, or space of a similar nature, together with any frame or other material, color, or condition that forms an integral part of the display and is used to differentiate the sign from the wall or background against which it is placed, excluding the necessary supports or uprights on which the sign is placed. On no sign shall the display area be less than 50% of the surface area of the sign.
[Added 4-20-2023 by Ord. No. 04-23]
A sign containing a commercial message, or messages, which direct(s) attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. A sign advertising both businesses on premises and off premises is still considered a billboard. (See also: "sign, off-premises advertising"). There are two types of billboard signs: multiple message billboard signs and static message billboard signs as follows:
[Added 4-20-2023 by Ord. No. 04-23]
MULTIPLE MESSAGE BILLBOARD SIGNA billboard sign capable of changing the message or copy on the sign electronically, such that the alphabetic, pictographic, or symbolic informational content of which can be changed or altered on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements which can be changed or altered electronically.
STATIC MESSAGE BILLBOARD SIGNA billboard sign that includes, but is not limited to, any graphics that are painted, printed or otherwise adhered to a sign face that remain static until manually changed and do not change electronically.
A freestanding sign with two identical display areas which are back-to-back.
[Added 4-20-2023 by Ord. No. 04-23]
Any nonmovable sign, not affixed to a building, which is permanently erected, constructed, supported or maintained on a base, post(s), pole(s) or other bracing or supporting device(s).
[Added 4-20-2023 by Ord. No. 04-23]
A sign lighted by or exposed to artificial lighting either exterior to the sign or lit from within (internally illuminated).
[Added 4-20-2023 by Ord. No. 04-23]
A sign capable of changing the message or copy on the sign electronically, such that the alphabetic, pictographic, or symbolic informational content of which can be changed or altered on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements which can be changed or altered electronically.
[Added 4-20-2023 by Ord. No. 04-23]
A sign containing a commercial message, or messages, which direct(s) attention to a business, commodity service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. A sign advertising both businesses on premises and off premises is still considered an off-premises advertising sign. (See also: "sign, billboard").
[Added 4-20-2023 by Ord. No. 04-23]
A sign which identifies a principal activity, product or service which is conducted, available, offered or produced on the property where the sign is located, including a sign which exclusively advertises the sale or lease of the property on which the sign is located.
[Added 4-20-2023 by Ord. No. 04-23]
A sign that includes, but is not limited to, any graphics that are painted, printed or otherwise adhered to a sign face that remain static until manually changed and do not change electronically.
[Added 4-20-2023 by Ord. No. 04-23]
A freestanding sign with a structure or structures with two sign faces, forming the shape of the letter "V" when viewed from above, with an angle between two faces of not more than 60°.
[Added 4-20-2023 by Ord. No. 04-23]
A building which is designed for the residential use of one family or for any other use of single-family dwellings protected by state statute.
[Amended 4-16-1998 by Ord. No. 6-98]
Where goods are sold directly to the consumer for personal or household use, with or without processing on the premises for such retail sale, but excluding the processing, repair or renovating of furniture, bedding or fixtures.
Any road, avenue, street, lane, alley or other way commonly used by the public for street purposes.
The dividing line between the street and the lot.
Any change or rearrangement in the exterior or interior structural parts of any building.
That which is built of fabricated, manufactured or natural building materials and placed either above or below the ground. Swimming pools will be considered structures.
[6]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 2-17-2022 by Ord. No. 02-22]
A single unit of a temporary storage structure such as a PODS® (Portable on Demand Storage) or similar unit.
[Added 2-17-2022 by Ord. No. 02-22]
One that does not conform to the use regulations of the zone in which it is located.
An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, excluding eaves and overhangs up to a maximum of two feet.
An open, unoccupied space on the same lot with a building, situated between that part of the building nearest the street and the street line of the lot.
The space between that part of the building nearest the rear line and the rear line of the lot occupied by the building.
An open, unoccupied space on the same lot with a building, situated between that part of the building nearest the side line and the side line of the lot and extending through from the front building line to the rear building line.
[2]
Editor's Note: N.J.S.A. 30:4-23 was repealed by P.L. 1987, c. 116. See now N.J.S.A. 30:4-27.2.
[3]
Editor's Note: The definition of “development fees'” which immediately followed this definition, added 2-18-1993 by Ord. No. 1-93, was repealed 5-19-2005 by Ord. No. 9-05.
[4]
Editor's Note: The definition of “equalized assessed value'” which immediately followed this definition, added 2-18-1993 by Ord. No. 1-93, was repealed 5-19-2005 by Ord. No. 9-05.
[5]
Editor's Note: The former definition of "restricted commercial zone," which immediately followed, was repealed 4-20-2023 by Ord. No. 04-23.
[6]
Editor's Note: The definition of “substantive certification,” which immediately followed this definition, added 2-18-1993 by Ord. No. 1-93, was repealed 5-19-2005 by Ord. No. 9-05.