Attachment 1 - Land Use Application
Attachment 2 - Appeal and Interpretation FormAttachment 3 - Concept Review ApplicationAttachment 4 - Parking and Loading WorksheetAttachment 5 - Shared Parking WorksheetAttachment 6 - Building Height WorksheetAttachment 7 - Prevailing Setback WorksheetAttachment 8 - Accessory Structure WorksheetAttachment 9 - Subdivision WorksheetAttachment 10 - Prevailing Lot Standards WorksheetAttachment 11 - COAH Developer Fee WorksheetAttachment 12 - M-1 Administrative ChecklistAttachment 13 - M-2 Minor Site Plan ChecklistAttachment 14 - M-3 Minor Subdivision ChecklistAttachment 15 - M-4 Major Site Plan ChecklistAttachment 16 - M-5 Major Subdivision (Preliminary) ChecklistAttachment 17 - M-6 Major Subdivision ChecklistAttachment 18 - M-7 Concept Plan ChecklistAttachment 19 - M-8 Variances ChecklistAttachment 20 - Contact Information and Escrow Fee Calculation FormAttachment 21 - Site Inspection AuthorizationAttachment 22 - Owner Contribution Disclosure FormAttachment 23 - Owner Corporation Disclosure FormAttachment 24 - Shade Tree Commision Development ChecklistAttachment 25 - Letter of AvailabilityAttachment 26 - Facade Design Review GuidelineAttachment 27 - Site Plan Drawings TableAttachment 28 - Sewer Connection Fee Determination ApplicationAttachment 29 - Sustainable Development Green Building FormAttachment 30 - Complete Streets ChecklistAttachment 31 - Morristown Partnership StandardsAttachment 32 - Morristown Historic District
Attachment 2 - Appeal and Interpretation FormAttachment 3 - Concept Review ApplicationAttachment 4 - Parking and Loading WorksheetAttachment 5 - Shared Parking WorksheetAttachment 6 - Building Height WorksheetAttachment 7 - Prevailing Setback WorksheetAttachment 8 - Accessory Structure WorksheetAttachment 9 - Subdivision WorksheetAttachment 10 - Prevailing Lot Standards WorksheetAttachment 11 - COAH Developer Fee WorksheetAttachment 12 - M-1 Administrative ChecklistAttachment 13 - M-2 Minor Site Plan ChecklistAttachment 14 - M-3 Minor Subdivision ChecklistAttachment 15 - M-4 Major Site Plan ChecklistAttachment 16 - M-5 Major Subdivision (Preliminary) ChecklistAttachment 17 - M-6 Major Subdivision ChecklistAttachment 18 - M-7 Concept Plan ChecklistAttachment 19 - M-8 Variances ChecklistAttachment 20 - Contact Information and Escrow Fee Calculation FormAttachment 21 - Site Inspection AuthorizationAttachment 22 - Owner Contribution Disclosure FormAttachment 23 - Owner Corporation Disclosure FormAttachment 24 - Shade Tree Commision Development ChecklistAttachment 25 - Letter of AvailabilityAttachment 26 - Facade Design Review GuidelineAttachment 27 - Site Plan Drawings TableAttachment 28 - Sewer Connection Fee Determination ApplicationAttachment 29 - Sustainable Development Green Building FormAttachment 30 - Complete Streets ChecklistAttachment 31 - Morristown Partnership StandardsAttachment 32 - Morristown Historic Districtd u
In Chapter 30, the following terms shall have the meanings indicated.
A subordinate use or a subordinate building or structure
solely intended and used solely for a subordinate use, customarily
incident to and located on the same lot as the principal use or building.
Electric vehicle supply service equipment and make-ready parking spaces
shall be considered accessory uses in all districts and for all uses.
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid-producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
Any principal use that generates a high amount of pedestrian traffic. Active uses shall include art gallery; artisan workshop; bar, tavern and nightclub; convenience store; grocery store; supermarket; service, business or personal; restaurant; retail; theater and similar uses. Accessory uses on the ground floor shall be set back at least 30 feet from any street-facing facade, except for ground floor lobbies conforming to the standards contained in Subsection 30-333.5. General, professional, and medical offices, coworking and residential uses shall not be considered to be active uses.
The principal planner for the purpose of filing all required
documents and papers, and the Secretary of the Planning Board or Board
of Adjustment with regard to scheduling of hearings on development
applications or procedure before the Board.
The portion of a parking facility that is dedicated to the
circulation of vehicles and is not used for parking. For small residential
building types, see "driveway."
A building typology that meets the minimum requirements per § 30-308.
A person applying to the Planning Board, Board of Adjustment
or the Construction Office proposing to engage in an activity that
is regulated by the provisions of the Land Use Regulations.
The application form or forms and all documents required to be filed therewith, including administrative checklists, application fees and escrow deposits for approval of any development requiring approvals pursuant to Chapter 30 of the Town of Morristown Code or by other rule, regulation of the Planning Board or Zoning Board of Adjustment, or by statute or administrative rule or regulation of any state agency, including but not limited to subdivision, site plan, planned development, conditional use, zoning variance, waiver or direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, that has been issued a certificate of completeness by the appropriate Administrative Officer. A submittal in this regard shall not be deemed an application for development pursuant to the Town Code of the Town of Morristown unless and until a certificate of completeness has been issued.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
Any establishment primarily displaying and/or selling pieces
of artwork, including paintings, photography, sculpture, pottery and
similar items.
An establishment for the preparation of individually crafted
artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven
articles, baked or prepared food and drink, and similar items by one
or more artisans. Excluded from this definition is welding, powder
coating, and the servicing or repair of motor vehicles. Display, and/or
sale of artisan products is permitted only for products prepared on-site.
Accurate and precise drawings of post-construction site features
and characteristics, including all buildings, structures, infrastructure,
boundaries, and natural features.
A garage attached to the side of a primary structure, but
shall not include a garage attached to the rear of a primary structure.
The space between the ceiling assembly and the roof assembly.
An attic used for any purpose other than storage or building maintenance
shall be considered a floor or story, and counted towards floor area
ratio, for the purposes of calculating height limitations.
Any establishment that makes motorized vehicles available
for use by the general public on a limited time basis measured in
increments of one day or more.
Any establishment that provides services related to the proper
functioning and maintenance of automobiles.
A roof-like covering extending over a walkway, sidewalk or
exterior place, supported by a frame attached to the building and/or
ground with a surface made of fabric or a more rigid material that
is either retractable or fixed in place.
The lines that connect a provider's cell sites to one or
more cellular telephone switching offices and/or long-distance providers
or the public switched telephone network.
An exterior floor area accessed internally from the wall
of an upper story that is enclosed by a railing, balustrade and/or
recessed into the facade and enclosed by multiple exterior walls.
Balconies that have no habitable floor above or are accessible from
more than one occupant space shall be considered a rooftop deck.
An establishment engaged in deposit banking, that is federally
chartered or state chartered. Typical uses include commercial banks,
savings institutions, and credit unions. Gross square footage shall
not exceed 3,500 square feet. Any other services falling outside of
this definition shall be considered a professional office.
Any premises licensed to provide for the on-premises consumption
of alcoholic beverages which the principal use and function during
regular meal hours (i.e., between 10:00 a.m. and 11:00 p.m.) is not
the sale of food.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The portion of the building that is partly underground, and which has more than 1/2 of its height, measured from clear floor to ceiling, above the average adjoining ground level. (See "cellar.") Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, puts or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching, puts or trenching. A basement used for any purpose other than storage or building maintenance shall be considered a floor or story for the purposes of calculating height limitations. As used in the flood damage prevention article (Article 5A) of these Land Use Regulations, "basement" shall mean any area of the building having its floor subgrade (below ground level) on all sides.
A window space that projects outward from the facade of a
building.
A private dwelling in which a private room(s) without separate
kitchen and bathroom facilities is (are) rented out on a temporary
basis and personal or financial services are provided to transient
residents, as defined in N.J.S.A. 55:13B-3.a.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
An establishment, with license from the state under N.J.S.A.
33:1-10, where alcoholic beverages are brewed and manufactured, served
and consumed on the premises, and which is operated in conjunction
with a restaurant use. Such uses shall be used principally for the
purpose of providing meals to its customers with adequate kitchen
and dining room facilities immediately adjoining licensed brewery
facilities.
An establishment licensed under N.J.S.A. 33:1-10 to manufacture
alcoholic beverages and to sell and distribute the products to licensed
wholesalers and retailers. Such uses may manufacture, sell and serve
alcoholic beverages to consumers on a licensed premises for consumption
on-site, but only in connection with a tour of the brewery, or for
consumption off the premises. Breweries may include warehousing and
off-site distribution of alcoholic beverages consistent with state
law and applicable licensing from the Town of Morristown.
Any landscaping, fencing or wall designed to mitigate visual
or audible impacts of a use or site improvement.
The land area, 25 feet in width, adjacent to any water body.
Any buffer required for the purpose of buffering adjacent
properties from uses or building types.
Any structure intended or used primarily for shelter, housing
or the enclosure of persons, animals, plants or tangible personal
property, including permanently attached appurtenances, such as porches,
porticos or canopies.
See "construction permit."
The largest total horizontal area of any building taken where
any part of the building intersects the ground level, including covered
porches and terraces, or the horizontal area of any floor or story
that projects beyond the outer edge of any foundation line, including
the area of all accessory buildings.
The average grade of the four corners of the building. In
cases where regrading is proposed or has occurred on the site within
the past five years, the elevations of the four corners shall be measured
to the existing grade (or preexisting grade) in locations where soil
will be added, or to the post-grade if soil is to be excavated.
The facade of the building facing the public right-of-way.
In cases where the building faces multiple public rights-of-way, the
front of the building shall be the facade facing the narrower frontage.
The right-of-way along the narrower facade shall be considered the
front street.
The vertical distance measured by either of the two following
methodologies as chosen by the applicant:
SINGULAR MEASUREMENTThe vertical distance shall be measured from the base of the building to the top of the building, which is measured by calculating the average base elevation using the building four corner elevation points. (see "building, base.") If a building has more than four corners, then the two highest and two lowest corners shall be used to measure average base elevation.
INCREMENTAL MEASUREMENTThe building may be broken down into multiple sections no smaller than 30 feet or 30% of the building width/depth (whichever is smaller). Each section shall be measured as the vertical distance measured from the base of the section to the top of the building section. The greatest building height of the building sections shall be the building height.
The outside perimeter of the foundation where it meets finished
grade.
The line parallel to the street line or, on curved streets
to that line drawn tangent to the street line which is most interior
to the lot, drawn at a point equal to the required front yard depth.
The highest point of a flat roof, the deck line of mansard
roofs, or the mean height between eaves and ridge for gable, hip,
and gambrel roofs.
The line on which a percentage of a building's front facade
must be constructed. It serves to determine how far a building must
be set back from a property line. It is calculated by measuring the
distance between the public right-of-way (extending the full width
of the lot) and the front facade of a building exclusive of overhanging
eaves, gutters, cornices, steps, bay windows, balconies, balconettes,
and porches.
The percent of ground floor front facade which is constructed
on the build-to line.
The same meaning as contained in P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et al.). "Cannabis" does not include medical cannabis dispensed
to registered and qualifying patients pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act" P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et al.) and P.L. 2015 c. 158 (N.J.S.A. 18A:40-12.22 et al.)
A Class 6 delivery license issued by the Commission for the
premises from which the cannabis delivery service will conduct operations
to provide courier services for consumer purchases of cannabis items
and related supplies fulfilled by a cannabis retailer in order to
make deliveries of the cannabis items and related supplies to that
consumer and which services include the ability of a consumer to purchase
the cannabis items directly through the cannabis delivery service
which, after presenting the purchase order to the cannabis retailer
for fulfillment, is delivered to that consumer.
Any Class 5 licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to the consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retail license.
Any establishment that sells automotive vehicles.
The meaning ascribed to this term by the Surface Water Quality
Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation
policies set forth in those standards, for protection from measurable
changes in water quality because of their clarity, color, scenic setting,
and other characteristics of aesthetic value, exceptional ecological
significance, exceptional recreational significance, exceptional water
supply significance, or exceptional fisheries resources.
Those waters not designated as "outstanding natural resource
waters" or "Category One" waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies
set forth in those standards.
That portion of a building which is partly or completely
below grade and having at least one-half of its height below grade.
A cellar shall be used only for storage, parking or building maintenance
purposes, and shall not be considered a story for purposes of calculating
height restrictions.
A certificate issued by the appropriate Administrative Officer (Planning Board Secretary or Zoning Board Secretary), as per N.J.S.A. 40-55D-10.3, after all required submissions established pursuant to Chapter 30 of the Town of Morristown Code, including all applicable administrative checklists, application fees and escrow deposits and any requests for waivers of submission requirements, have been made in proper form, certifying that an application for development is complete.
A certificate of occupancy issued by the construction official
upon compliance with all of the terms and conditions of a development
application and approval thereof, or upon the posting of proper security
for the completion thereof pursuant to law, entitling the owner of
a building, structure or lot or portion thereof to occupy or use the
same solely for the purpose for which it was approved and strictly
in accordance with all terms and conditions of approval and all representations
made by or on behalf of applicant to any Town official, board or body.
A regulated child-care center as that term is defined in
N.J.S.A. 30:5B-1 et seq. as that statute now reads or as it shall
be amended by the Legislature from time to time.
See "house of worship."
A membership organization organized and existing for the
primary benefit of its members and guests, owning, occupying or using
a lot, building or structure for recreational, athletic, social or
community service purposes and not having any profit motive and not
engaging in business or commercial activity except where the same
is incidental to a legitimate membership purpose.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
Any motor vehicle that has painted or installed thereon a
sign or logo, or any motor vehicle that contains any visual evidence
of the vehicle being used for commercial purposes, except for one
commercial vehicle on any one property which meets all size limitations
and has no advertising, writing or logo of any sort on that vehicle,
and the only evidence of commercial use on the vehicle is a commercial
license plate.
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, and owned and operated by a public or nonprofit group or agency.
The facilities shall not include any living quarters.
A facility in which plots of land are made available to the
general public for the purpose of gardening.
A schematic or conceptual design for land development, prepared
for informal review purposes, that carries no vesting rights.
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 conditional uses contained in this chapter.
Written permission issued by the Morristown Construction
Official authorizing the construction, repair, or alteration of a
structure, or addition to a structure as approved. For applications
requiring variance or site plan approval, construction permits shall
be issued after an approved land use application has received resolution
compliance authorization post-hearing.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A retail store with less than 4,000 square feet of gross
floor area that sells general merchandise, limited grocery items and
is open for business more than 15 hours a day. The sale of prepared
foods, not made-to-order, for off-site consumption may be included
in this definition so long as the sale of prepared foods is subordinate
to the sale of general merchandise and grocery items.
A building typology that meets the minimum requirements per § 30-305.
The percentage of a lot covered by building area.
The percentage of a lot covered by or devoted to all man-made
improvements, including but not limited to all buildings and structures,
pavement, parking area (whether paved or unpaved), sidewalks and driveways,
but excluding natural or landscaped areas and any deductions or exemptions
specified within these Land Use Regulations.
An office use in which common and unassigned office space
is made available to individuals and companies on a short-term basis,
including daily rates. Assigned office spaces and longer lease periods
may be included in this definition so long as they are still provided
access to common use space and common facilities. Long-term assigned
(increments greater than one month) office space without access to
common use space and common facilities shall be considered to fall
within the definition of "office, general and professional."
Equipment and installations related to the provision of electricity,
telecommunications not otherwise regulated herein, potable water,
sanitary sewer and similar facilities operated by a recognized utility
provider.
Include museums, libraries and other facilities which serve
to promote education and culture to the general public. Such uses
shall be operated by nonprofit or public organizations. Gift shops
may be permitted within a cultural use so long as they do not occupy
more than 10% of the building area dedicated to the cultural use.
Any point of vehicular access from a public street.
A window located on a roof to provide additional light into
the interior of a building.
Calendar days.
A platform, either freestanding or attached to a building,
that is supported by pillars or post, or a platform located on a roof
in accordance with design requirements of Part 3.
The number of dwelling units per acreage of land on a lot
or application site.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but are not
necessarily limited to, development of project requirements, creation
and development of project design and preparation of drawings and
specifications.
A building typology that meets the minimum requirements per § 30-302.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
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 structure, 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 is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
"development" means: any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
An application for subdivision of land, site plan approval
or exemptions, a zoning variance, conditional use, building permit,
sign permit or application pursuant to N.J.S.A. 40:55D-36.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The distance measured on center between publicly accessible
building entrances or primary entrances to residential units.
A section or sections of the incorporated area of the Town
for which the then effective Zoning Ordinance governing the use of
the buildings and land is uniform for each class of use permitted
therein.
Any district in which nonresidential uses are permitted.
Any district in which residential uses are permitted and
all other primary uses are prohibited.
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The lands required 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 therein, to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
A commercial facility or structure that is designed to allow
patrons to order and receive goods and services via a service window
or mechanical device while remaining in their vehicles.
The paved area that provides automotive access to parking
areas.
A building designed or intended to be used or occupied for
residential purposes.
A non-basement building a) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor or, in the case of a building in a coastal high-hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor elevated above the ground level by means of pilings,
columns (posts and piers), or shear walls parallel to the flow of
the water, and b) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of coastal high-hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
Permitted building elements that extend forward of the build-to
line.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The assessed value of a property (land and improvements)
determined by the municipal Tax Assessor divided by the current equalization
ratio for the Town of Morristown.
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting of wall signs.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A building typology that meets the minimum requirements per § 30-303.
ELECTRIC VEHICLEAny vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE CHARGING LEVEL 1EVSE that operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
ELECTRIC VEHICLE CHARGING LEVEL 2EVSE that operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
ELECTRIC VEHICLE CHARGING LEVEL 3EVSE that operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles. EV Charging Level 3 is also known as "direct-current fast charger (DCFC)" or "rapid charging station."
ELECTRIC VEHICLE MAKE-READY PARKING SPACEThe prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
ELECTRIC VEHICLE PRIVATE (EVSE)EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
ELECTRIC VEHICLE PUBLICLY ACCESSIBLE (EVSE)EVSE that is publicly available (e.g., park-and-ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The exterior side of a building exposed to view.
The Central Business District Facade Design Guidelines (now
Town Center) of the Town of Morristown adopted August 24, 2006.
The portion of the facade that is set back from the build-to
line.
One or more persons occupying a premises and living as a
permanent and stable single housekeeping unit as distinguished from
a group occupying a boardinghouse, rooming house or hotel, as herein
defined.
Any dwelling containing one dwelling unit, which may also
contain one rooming unit and which is occupied by not more than one
family.
A fertilizer material, mixed fertilizer or any other substance
containing one or more recognized plant nutrients, which is used for
its plant nutrient content, which is designed for use or claimed to
have value in promoting plant growth, and which is sold, offered for
sale, or intended for sale.
Final map of all or a portion of a subdivision which is presented
to the Planning Board for final approval in accordance with Part 7.
An enclosed building or structure with facilities for conducting
recreational activities, such as aerobic exercises, running and jogging,
and which may contain exercise equipment, sports courts and swimming
facilities. This use also includes establishments for group fitness
instruction, such as yoga, Pilates, karate and dance studios, as well
as boxing gyms. This use may include accessory saunas, showers, massage
rooms and lockers, snack bars providing nonalcoholic drinks and prepackaged
snacks not prepared on the premises, and sale of sports equipment
and clothing. Fitness centers shall be considered service, personal
or business for the purposes of determining zoning requirements.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary –
Floodway Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations
promulgated thereunder published at N.J.A.C. 7:13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
The total floor area within the exterior walls of the principal
structure, including the external walls, and excluding the roof.
The sum of the gross floor area of buildings or structures
on-site compared to the total area of the site. Included in this definition
is the square footage associated with mezzanines, and with all parking
garage footage associated with all parking garage levels. Excluded
from this definition is any square footage associated with rooftop
decks.
That area between the front lot line and the pedestrian zone.
A building used for the preparation of deceased human beings
for burial or interment and for the display of the deceased and ceremonies
connected therewith before burial or cremation.
The principal use of any building, structure or part thereof for coin-operated or automatic amusement games, such as pinball machines, electronic games of skill or chance or similar games or machines, or any automatic amusement game required to be licensed pursuant to Chapter 4, Licensing and Business Regulations, of the Revised General Ordinances of the Town of Morristown or for a pool or billiard, shuffleboard, bumper pool or similar establishment. No cash prizes shall be permitted. Where a gaming use coincides with a liquor-licensed operations use (as licensed under Chapter 6, Alcoholic Beverage Control), such gaming use shall also be regulated under liquor-licensed conditional use requirements.
A building or part thereof intended or used primarily for
the storage of motor vehicles.
Any garage accessible or open to the general public, with
or without the payment of a charge.
A piece of ground used for growing flowers, fruit, or vegetables.
Any premises used for supplying or selling motor fuel or
oil to motor vehicles as the sole use or in conjunction with the service,
repair, reconditioning or washing of motor vehicles, but not including
an automobile washing establishment.
A building dedicated to the functions of a municipal, county,
state or federal government agency or public body.
A system designed to collect rainwater for use in gardening,
or certain internal plumbing such as to provide water for toilets.
The roof of a building that is partially or completely covered
with vegetation and a growing medium, planted over a waterproofing
membrane. It may also include additional layers, such as a root barrier
and drainage and irrigation systems.
A wall partially or completely covered with greenery that
includes a growing medium, such as soil and an integrated water delivery
system.
That area between the curbline (or edge of cartway if no
curb is present) of a street and the pedestrian zone.
A grating or screen of metal bars or wires, placed in front
of something as protection or to allow ventilation or discreet observation.
Any level of the building fronting on a public sidewalk.
A place where people live or stay in a group living arrangement
that is owned or managed by an entity that provides housing and/or
services for residents, such as custodial, medical or cooking services.
A group home shall not count as a household as defined in these Land
Use Regulations for zoning purposes.
See "floor area, gross."
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking, or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets, and storage spaces.
A prehistoric or historic district, site, building, structure,
or object included in or eligible for inclusion on a register of historic
places.
An architectural feature that provides a separation between
two floors of a building. This can include a change in materials,
a small setback or encroachment of the upper floor or other methods
which result in a visual separation.
A building or buildings which individually or as a group
are devoted to providing health services to humans, with some part
of the premises devoted to inpatient medical or surgical care. All
buildings devoted to satellite uses, as, for example, nurses' residences,
laboratories, outpatient facilities or similar uses, shall be deemed
part of the hospital use.
A building which contains seven or more living or sleeping
rooms designed to be occupied by individuals or groups for compensation
and primarily serving transient customers, or not providing individual
cooking facilities, or any boardinghouse which is not owner-occupied.
Facilities which permit long-term (greater than 30 days) residency
or provide cooking facilities within the guest rooms shall not be
included in this definition.
Living quarters in which occupants live and eat separately
from anyone else in the building. Each household shall have sleeping
quarters, kitchen facilities and bathroom facilities.
A place of worship, such as a church, synagogue, mosque or
temple commonly recognized as such, and a parish house or other accessory
building used predominantly for religious purposes, but excluding
any use which is predominantly social, fraternal or charitable in
nature.
The use of any room that is heated, insulated, and Sheetrocked
for living, sleeping, cooking, or eating purposes. This shall exclude
bathrooms, water closet compartments, and laundries.
A surface which has been covered by a material so that it
is highly resistant to the infiltration by water. This term shall
be used to include any highway, street, sidewalk, parking lot, driveway,
or other material that prevent infiltration of water into the soil.
Any permanent structure or coverage that becomes part of,
is placed upon, or is affixed to a site.
The process by which water from precipitation seeps into
the soil.
A surface water body with definite bed and banks in which
there is not a permanent flow of water, and which is shown on the
New Jersey Department of Environmental Protection Geographic Information
System (GIS) hydrography coverages or, in the case of a Special Water
Resource Protection Area (SWRPA) pursuant to the Stormwater Management
Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
Any room which may contain a sink, refrigerator, kitchen
counter and cabinets and a cooking device, which includes stoves,
ovens, microwaves, convection ovens, electric grills, hot plates or
any other device in which or on which food can be cooked.
A facility primarily engaged in providing analytic or diagnostic
services on human specimens, including body fluid or body tissue,
or performing diagnostic imaging, to government agencies, to the medical,
dental, or other health service professions, or to patients; this
includes the fabrication of dentures, eyeglasses and contact lenses,
and prosthetic devices.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Survey, that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
An area planted with short or mowed grasses.
A single, enclosed private space which combines one residential
dwelling unit with one of the following uses: artisan workshop, media
production, office (general and professional), or services (business
or personal).
An off-street area providing the ability to transfer goods
between a truck trailer and building area without grade separation.
Any off-street area located adjacent to the principal building
or use and readily accessible by motor vehicles intended to use it,
designed and usable exclusively for loading and unloading of one such
vehicle with safety and without impeding on- or off-site traffic.
The space in a building dedicated to entrance to offices
or residential units that are not directly accessible from the street.
Often a lobby will have a concierge desk, waiting seats and other
items that create a hospitable environment.
A parcel, tract or area of land established by a plat, tax
map, filed map or deed description.
The mean distance between the front line and rear line of
the lot. The greater frontage of a corner lot is its depth; the lesser
frontage is its width.
The horizontal distance between side lot lines measured at
the build-to line.
A lot which abuts on two or more streets which meet or intersect
at an included angle of 135° or less.
Any side of a lot that is adjacent to a public right-of-way.
For measurement purposes, the line of the lot front shall be measured
from the edge of the public right-of-way except in cases where the
public sidewalk or cartway extend beyond the right-of-way, in which
case, measurement shall be measured from the edge of the sidewalk
furthest from the center line of the street.
That side of the lot furthest from the lot front as measured
by a line perpendicular to the center point of the lot front. In cases
where two or more sides of a lot meet the definition of front of lot,
rear of lot shall be treated as lot side if the rear of the lot intersects
a public right-of-way.
Any side of a lot that is not the lot front or lot rear.
A set of angled slats or flat strips fixed or hung at regular
intervals in order to screen light.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of other applicable nonelevation design requirements.
Any consolidation of lots which does not meet the definition
of "minor lot merger."
A site plan that is not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
A retail or wholesale store that primarily sells food, including
canned and frozen foods, fresh fruits and vegetables, and fresh (raw)
and prepared meats, fish and poultry. A market shall be defined as
less than 20,000 square feet in size. For larger uses, see "supermarket."
A comprehensive, long-range plan intended to guide the growth
and development of Morristown (adopted March 31, 2014 – Morristown
Moving Forward).
Facilities for the production of motion picture, television,
video, sound, computer, and other communications media.
Cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et al.). Medical cannabis does not include any cannabis or cannabis
item which is cultivated, produced, processed and consumed in accordance
with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.).
A business entity, which shall include clinical registrants,
that is authorized by the State of New Jersey to possess, display,
deliver, transfer, transport, distribute, supply, sell, and dispense
medical cannabis, medical cannabis products, paraphernalia, and related
supplies to qualifying patients, designated caregivers and institutional
caregivers pursuant to written instructions issued by a health care
practitioner pursuant to the requirements of P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et al.). The term shall include the act of furnishing medical
cannabis to a medical cannabis handler for delivery to a registered
qualifying patient. A medical cannabis dispensary license shall not
authorize the license holder to cultivate medical cannabis, to produce,
manufacture or otherwise create medical cannabis products. An expanded
medical cannabis dispensary with a personal use cannabis retail license
shall only be permitted if approved by the Commission pursuant to
N.J.S.A. 24:6I-46.
Consolidation of two or more existing lots where all lots
to be merged are vacant and unoccupied, or the consolidation of one
or more lots where one lot contains existing buildings or structures
and the remaining lot or lots are vacant.
A site plan consistent with Subsection 30-803.2 of these Land Use Regulations.
Any subdivision containing not more than three lots, and
not involving planned development or any new street or the extension
of off-tract improvements. A minor subdivision shall not require notice
or public hearing and may be approved by the Site Plan and Subdivision
Committee.
A building typology that meets the minimum requirements per § 30-312.
A hotel designed to provide outside access to individual
units rather than through a common lobby.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any city, borough, town, township, or village.
Any picture, scene, or diagram, painted on any exterior wall
or fence, which focuses primarily on the celebration or commemoration
of local, state or national history; culture, or events, personalities
or groups and does not have written or pictorial content promoting
a commercial business, service or product. Any such picture, scene
or diagram promoting a commercial business, service or product shall
be considered a sign.
Rock outcrops, high points, watercourses, depressions, ponds,
marshes, wooded areas, single trees not in wooded areas with a diameter
of six inches or more as measured three feet above the base of the
trunk, and other significant existing features, including previous
flood elevations of watercourses, ponds and marsh areas.
Structures for which the start of construction commenced
on or after the effective date of this section.
Any premises licensed to provide for the on-premises consumption
of alcoholic beverages, and where the principal use or function during
regular meal hours (i.e., between 10:00 a.m. and 11:00 p.m.) is the
sale of food, and the principal use or function after regular meal
hours is the selling of alcoholic beverages and incident thereto may
be the retail sale or consumption of food as a permitted use, consistent
with N.J.S.A. 33:12 et seq., and where any of the following elements
exist: a) more than 30% of the floor area of the establishment is
devoted to an entertainment portion of the business; or b) the occupancy
rate is either more than 130% of the number of seats or less than
12 square feet per occupant. Entertainment shall not include background
music, whether live or recorded, whose primary purpose is to create
an atmosphere or ambiance.
A continuous use of property antedating the adoption of the
first Morristown Zoning Ordinance, or lawfully established (including
by variance) prior to the adoption of any revision, amended ordinance
or subsequent Zoning Ordinance or these Land Use Regulations, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption. The term nonconforming
use shall include nonconforming lots or structures.
Those slopes less than 15%.
An in-patient facility which provides continuous nursing
services, medical services and supervision to humans, and keeps medical
records serving the ill or infirm.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government, and generally
furnished with desks, tables, files and communication equipment, including
offices of general, business, executive, legal, accounting, architect,
planning, engineer, real estate, contractor and employment agencies,
but excluding medical offices. Prototyping, product testing and laboratory
work shall not be considered an office use.
A building or portion thereof providing diagnostic, therapeutic,
or preventive medical, osteopathic, chiropractic, dental, psychological
and similar or related treatment by a practitioner or group of practitioners
licensed to perform such services to ambulatory patients on an outpatient
basis only, and without facilities for inpatient care, major surgical
procedures, or emergency and urgent care. A medical office may also
contain associated in-house ancillary services, such as in-house diagnostic
testing facilities, physical therapy, medical counseling services,
and similar services.
A location that is located outside of the lot lines of the
site that is the subject of a development application.
An accessory use of terrace, or ground deck located on the
same property of a restaurant, bar, cafe, grocery, or other permitted
establishment that serves food or drinks for on-site consumption.
Space open to the elements. This space may be covered with a roof; however, it may not also be enclosed by walls. Outdoor space requirements must conform to § 30-332 of these Land Use Regulations.
Any individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest in land subject
to an application for development.
The storing of vehicles on a temporary basis. When the parking
services use is on the same property, it shall be considered an accessory
use. When the parking serves off-site uses, it shall be treated as
a principal use.
Any land area devoted to open storage on a transient basis
of operable, currently licensed motor vehicles, excluding vehicle
repair facilities, filling stations and motor vehicle dealerships.
A clearly marked off-street parking area for one vehicle,
used solely for that purpose and designed to be readily accessible
without impeding vehicular pedestrian traffic.
Any paved area designed to provide accessibility to pedestrians
and not designed to permit automobiles.
An area covered by a hard surface adjacent to a principal
building at the finished grade.
A strip of land separating parking areas in a parking lot
that contains a sidewalk buffered on both sides by a vegetated strip.
A public space, within a lot, that may be open or enclosed
and which is designed and/or intended to be used by the public to
pass between a public right-of-way and a parking lot located within
the interior of a block or to the rear of a building. Connections
shall have a minimum pedestrian walkway width of four feet and be
lined with landscaping where possible.
A sidewalk clear of any obstructions located between the
frontage zone and the greenscape/furnishing zone.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
Any security which may be accepted in lieu of performance,
including cash, provided that not more than 10% of the performance
guaranty shall be required to be cash.
A generator permanently connected to the building's electrical
systems in order to provide backup power in the event of power outages.
Any individual, corporation, company, partnership, firm,
association, Town of Morristown, or political subdivision of this
state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any fertilizer that contains phosphorus, expressed as P205,
with a guaranteed analysis of greater than zero; except that it shall
not be considered to include animal (including human) or vegetable
manures, agricultural liming materials, or wood ashes that have not
been amended to increase their nutrient content.
Photographs of existing conditions on the property for which
a land use application is submitted, including all principal and accessory
structures on the site, and of conditions on the property itself,
including topography, vegetation, water bodies or wetlands on-site.
An area planted with shrubs, trees, flowers, decorative grasses
or other plants. The planting of short or mowed grasses shall not
count as a planted area; see "lawn."
The map of a subdivision.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
A roofed open area providing direct access to or from a building.
A generator that is not permanently connected to the building's
electric systems, that uses a self-contained fuel source, and that
has wheels or is light enough to be carried.
A structure at a main or secondary entrance to a building,
through which motor vehicles can pass in order for the occupants to
alight under cover, protected from the weather.
Those slopes between 15% and 25%.
The preliminary map indicating the proposed layout of the
subdivision which is submitted for Planning Board consideration and
tentative approval.
All or part of any lot or parcel of land, including all buildings
or structures erected thereon.
The average (mean) setback of all properties that are both
on the same street as and within 200 feet of the subject property,
as measured along the center line of the right-of-way which the property
fronts. The 200 feet will be measured from any point on the center
line of the right-of-way, where a line extended at a perpendicular
angle would meet the subject property at the edge of the public right-of-way.
The 200-foot distance shall be limited to the zone of the subject
property. Measurements for one- and two-family properties may be based
on the use of GIS datasets from Morris County, Google maps, and other
aerial imagery. (See diagram.)
 |
The entrance designed for the largest amount of pedestrian
traffic.
A building in which the principal use of the lot is conducted.
The primary use of land or structures as distinguished from
an accessory use.
Those slopes greater than 25%.
The boundary of a property.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
The owner or leaseholder of the residence in which the short-term
rental activity occurred, or a property manager designated by the
owner to be called upon and be responsible at all times during the
period of a short-term rental and to answer for the maintenance of
the property, or the conduct and acts of occupants of the short-term
rental property, and, in the case of the property manager, to accept
service of legal process on behalf of the owner of the short-term
rental property.
A commercial fast-food establishment serving primarily prepared
or rapidly prepared food by order over the counter in disposable containers,
bags or packages for consumption either on or off the premises.
An establishment serving primarily nonalcoholic beverages,
such as coffee or tea. The sale of pastries, baked goods, and food,
not requiring the use of an oven, grill, or stove, may be included
as an activity of a coffee shop or cafe.
Any premises licensed to provide for the on-premises consumption
of alcoholic beverages, and which at all times meets all of the following
elements: a) the sale of alcoholic beverages is incidental to the
sale of food and not the primary source of revenue for the premises;
b) no cover or other minimum fee is charged to enter the premises
at any time; provided, however, that this provision shall not be construed
to apply to fixed price meals, or complimentary glasses of champagne
on holiday occasions such as Thanksgiving or New Year's Eve, or during
special events approved by the Morristown ABC; and c) the occupancy
rate is either no more than 130% the number of seats or no fewer than
12 square feet per occupant.
An eating establishment that is regularly and used principally
for the purpose of providing meals to the public and at all times
maintains cooking facilities and serves its customers at tables employing
waiters or waitresses, as opposed to a fast-food establishment or
cafeteria. No alcoholic beverages are available for sale. BYOB may
be available for beer and wine only.
The business of selling or renting goods or merchandise to
consumers, as opposed to wholesaling, but excluding all forms of retailing
otherwise specifically regulated by or prohibited by this chapter,
and otherwise unlawful sale or rental. Selling of prepared foods shall
not be included in the definition of retail business.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to, lakes, ponds,
reservoirs, perennial and intermittent streams, up to and including
their point of origin, such as seeps and springs, as shown on the
New Jersey Department of Environmental Protection's GIS hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWR-PA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys. There is no riparian zone along the Atlantic Ocean nor along
any man-made lagoon or oceanfront barrier island, spit or peninsula.
A plan approved by the Engineer of the Town of Morristown.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall evaluate the effects
of any proposed activity/uses on any riparian zone. The plan shall
identify existing conditions, all proposed activities, and all proposed
management techniques, including any measures necessary to offset
disturbances to any affected riparian zone.
Any roof with a pitch of less than 3/12.
An accessory outdoor area or structure on a roof surface
of a principal building for passive enjoyment of residents, tenants,
employees, and their guests. Rooftop decks shall be accessed internally
from the principal structure upon which the rooftop deck is located.
A rooftop deck used by a business as an accessory use, upon
which a business provides goods or services to customers.
A private dwelling in which private rooms without separate
kitchen and bathroom facilities are rented out on a temporary basis
and personal or financial services are not provided to transient residents,
as defined in N.J.S.A. 55:13B-3h.
A public or private institution, Grades K through 12 or segments
thereof, complying with all governmental statutes, rules and regulations
for such institutions of compulsory education.
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Any graphic constructed of separate characters or symbols
meant to be read as a single message.
A building typology that meets the minimum requirements per § 30-304.
An establishment or business entity providing services such
as (but not limited to) repair or maintenance services, personal care
services, bank or financial institution, or similar business not creating
any off-premises noise, smoke, air or other pollution, and excluding
all uses otherwise specifically regulated or prohibited by these Land
Use Regulations.
See "building, setback line."
A commercial establishment which as one of its principal business
purposes offers for sale, rental, or display any of the following:
books, magazines, periodicals or other printed material, or photographs,
films, motion pictures, video cassettes, slides or other visual representations
which depict or describe a specified sexual activity or specified
anatomical area; or still or motion picture machines, projectors or
other image-producing devices which show images to one person per
machine at any one time, and where the images so displayed are characterized
by the depiction of a specified sexual activity or specified anatomical
area; or instruments, devices, or paraphernalia which are designed
for use in connection with a specified sexual activity.
A commercial establishment which regularly features live performances
characterized by the exposure of a specified anatomical area or by
a specified sexual activity, or which regularly shows films, motion
pictures, video cassettes, slides, or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
The rental for compensation of a dwelling, or portion of
a dwelling, for the purpose of overnight lodging for a period of not
less than one night and not more than 28 consecutive days. This definition
shall not include hotels, motels, bed-and-breakfast inns, or tenants
that have month-to-month leases permitted by N.J.S.A. 46:8-1 et seq.
Use of an outside area, located in the public right-of-way,
adjacent to or in the vicinity of a restaurant, cafe, grocery, or
other permitted establishment that serves food or drinks for on-site
consumption.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Any device used to attract the attention of the public for
advertising purposes. The word "sign" includes letters, figures, drawings,
lines, trademarks, photographs and other markings encompassed within
the area of a sign. See "wall sign."
A document obtained from the Construction Official upon payment
of required fees which grants permission to erect the sign described
therein.
The area of a sign computed by multiplying the greatest vertical
dimension by the greatest horizontal dimension of the sign space.
The framing or edging of the sign shall be considered part of the
sign area. Posts or supporting devices shall not be considered part
of the sign area. For the purpose of calculating the sign permit fee,
the total area, including both faces of a double-faced sign, is included,
but for calculating maximum area permitted, the area of only one face
of a double-faced sign is counted toward the maximum area permitted.
A sign located on or incorporated into the design of an awning.
The sign area of an awning or canopy sign shall be the total length
times the total width of the canopy area(s) covered by any lettering,
logo or other characters, symbols or figures. (Note: All awning or
canopy signs exceeding 10 feet in width shall constitute a facade
change requiring approval by the Planning Board.)
Any temporary sign printed or displayed upon cloth or other
flexible material, with or without frames.
A sign which directs 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.
See "awning sign."
A sign of a noncommercial nature which directs the reader
to the location of public or educational institutions or to the location
of historical structures or areas or to the location of public parks
or buildings.
A sign which directs attention to a business conducted on
the premises or to a product sold or service supplied by such business.
A sign which is mounted in or upon the ground, and not elevated
through the use of upright braces or poles.
Any sign having a source of light for illumination, either
externally or internally, or a combination of both. An illuminated
sign includes reflectorized, glowing and radiating signs.
A front-lit sign where a light source shines on the graphics.
A backlit sign where the letters and symbols are translucent
and the background is opaque.
A backlit sign where the letters and symbols are opaque and
the background is translucent.
A sign illuminated by the means of neon or other gases which
produce a glow.
Any sign erected and maintained by a federal, state, county
or local government agency for the purpose of informing, guiding,
or protecting the public.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed. The term "off-site
sign" shall include an outdoor advertising sign (billboard) on which
space is leased or rented by the owner thereof to others for the purpose
of conveying a commercial message.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing on
the same lot where such sign is displayed; provided, however, that
an on-site sign may also display a noncommercial message.
A sign announcing any political event or campaign.
A freestanding sign elevated above the ground level through
the use of poles or braces, with a total height no greater than six
feet.
A sign which is affixed to any building and projecting beyond
the building wall or parts thereof, structure, building line or property
line more than eight inches, but which is not constructed or erected
so as to extend above the roofline of the structure to which it is
affixed.
A freestanding sign elevated above the ground level through
the use of poles or braces, with a total height greater than six feet.
A temporary sign placed upon a property for the purpose of
advertising to the public the sale or lease of the property.
A sign erected, constructed and maintained on or above the
roof of any building or structure.
The surface area used or to be used for each advertisement.
(A double-faced sign shall be considered as having two spaces.)
A nonilluminated sign displayed for a short period of time.
A sign which is affixed to or painted on an exterior wall
of any building. Such signs shall project not more than eight inches
from the building wall or parts thereof. No wall sign shall be constructed
or erected to extend above the roofline of the structure to which
it is affixed.
A sign which is affixed to the inside of any window or glass
portion of any door.
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, conforming to N.J.S.A. 40:55D-7 and the requirements of Article 8B.
The committee responsible for such other duties relating
to land subdivision which may be conferred on it by the Board.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification of a proposed
subdivision.
A detached, semiattached, estate, and courtyard building
type.
All unconsolidated mineral and organic material of any origin.
A technical analysis of soil conducted by an accredited soil
testing laboratory following the protocol for such a test established
by Rutgers Cooperative Research and Extension.
A 300-foot area provided on each side of a surface water
body designated as a C1 water or tributary to a C1 water that is a
perennial stream, intermittent stream, lake, pond, or reservoir, as
defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management Rules at N.J.A.C. 7:8-5.5(h).
Includes substantial improvement, and shall mean the date
the building permit was issued, provided that the actual start of
construction, repair, reconstruction, placement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site such as the pouring of a slab or footings, the installation of
piles, the construction of columns or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure.
Slopes of 15% or greater.
A horizontal recess of a building above a lower level. For
corner lots, step backs shall be required along and calculated from
all frontages.
A small staircase ending in a platform that provides entrance
into a residential unit.
See "warehousing."
An accessory structure no larger than 300 square feet with
no entry wider than six feet.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may 1) be
normally dry (that is, a detention basin or infiltration basin), 2)
retain water in a permanent pool (a retention basin), or 3) be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A floor or level of a building containing one or more rooms,
including all floors or levels of a building used for the principal
use of the building or for any accessory use, but excluding any basement
devoted solely to the housing of utilities, heating, ventilating,
air conditioning and storage (other than storage of inventory held
for sale), excluding rooftop decks, and excluding below-grade parking.
A story which is situated under a sloping roof and which
has an area, measured four feet above the floor, not exceeding 2/3
of the floor area of the story immediately below it, and which does
not contain a dwelling unit or a separate commercial or business operation
or unit.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action, or a street or way on a plat
duly filed and recorded in the office of the Clerk of the County of
Morris 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, sidewalks, parking areas and
other areas within the street lines. For the purpose of these Land
Use Regulations, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
The curbline of an existing improved public street having
curbs; the right-of-way line of any other public street or right-of-way.
See "property line."
A tree planted within the greenscape/furnishing zone
Anything constructed or erected on, above or under the ground or upon another structure or building, including but not limited to walls, fences, culverts, bridges, roadways, parking facilities and pedestrian facilities. For the purposes of Article 5A, "structure" shall mean a walled and roofed building or a gas or liquid storage tank that is principally above ground.
Any individual, firm, association, syndicate, partnership,
corporation, trust or any local legal entity commencing proceedings
under Part 7 to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts or parcels or other divisions of land for the purpose
of sale or development, except that the following divisions shall
not be considered subdivisions; provided, however, that no new streets
or roads are involved: divisions of land by the Planning Board for
agricultural purposes where the resulting parcels are five acres or
larger in size, divisions of property by testamentary or intestate
provisions, or divisions of property upon court order or conveyances
so as to combine existing lots.
A committee of at least three Planning Board members appointed
by the Chairperson of the Board for the purpose of committee by the
Board.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purpose of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions, or any alteration of a structure listed on
the National Register of Historic Places or the State Inventory of
Historic Places.
A building typology that meets the minimum requirements per § 30-309.
A building typology that meets the minimum requirements per § 30-310.
A building typology that meets the minimum requirements per § 30-311.
A retail or wholesale store that sells primarily food, including
canned and frozen foods, fresh fruits and vegetables, and fresh (raw)
and prepared meats, fish and poultry. A supermarket shall be defined
as 20,000 square feet or greater in size. For smaller uses, see "market."
The total area of a space used or to be used for advertising
purposes.
Any unsheltered paved piece of land used for the storage
of automobiles. For the purpose of this definition, the use of solar
panels to generate electricity while sheltering automobiles shall
be permitted so long as the sides of the parking spaces are open to
the elements.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-2.2, or state
open waters identified in a letter of interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall be considered a surface water body.
A level landscaped and/or surfaced area, often referred to
as a patio, directly adjacent to a principal structure, at or within
two feet of finished grade, and not covered by a permanent structure.
An indoor facility for public assembly and group entertainment
(other than sporting events) which is used primarily for and designed
for the purpose of exhibiting films, live theater, concerts, or similar
performances. A theater shall not include an adult entertainment establishment
of any kind.
A species identified pursuant to the Endangered and Non-Game
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered
Plant Species List, N.J.A.C. 7:5C5.1, and any subsequent amendments
thereto.
A parcel or lot that fronts on two different frontages but
is not located on a corner lot.
A building typology that meets the minimum requirements per § 30-307.
The degree, measured as a percentage of the overall facade
space, to which a facade has clear, transparent windows on each story.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A building typology that meets the minimum requirements per § 30-314.
A building typology that meets the minimum requirements per § 30-313.
Office space used by an organization regulated by the Board
of Public Utilities.
Services provided by a business or on behalf of a business
by a contracted valet operator. Such services include but are not
limited to queuing, storage, and taking temporary custody of a customer's
vehicle, returning a customer's vehicle, securely storing customer
keys, and all equipment, devices, signage, tables, chairs, and similar
items used in support of valet parking services. Valet parking conducted
entirely on-site shall be considered an accessory use. Valet parking
conducted partially or entirely off-site shall be considered a principal
use.
A grant of relief from the requirements of these Land Use
Regulations which permits construction in a manner that would otherwise
be prohibited by these Land Use Regulations.
See "commercial vehicle."
Includes, without limitation, the housing, storing, keeping,
holding, or sheltering of goods, wares, merchandise, materials, articles,
commodities, stock-in-trade, and the like on a temporary or permanent
basis as an accessory use for sales or distribution primarily on-site.
Includes, without limitation, the housing, storing, keeping,
holding, or sheltering of goods, wares, merchandise, materials, articles,
commodities, stock-in-trade, and the like on a temporary or permanent
basis for sales or distribution off-site.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
Any mechanical system which generates energy from wind patterns.
Devices which are used for the transmission and reception
of wave frequencies for the purposes of any wireless communication
(e.g., telephone, data, radio, paging and/or television communication,
etc.) and which are permitted as conditional uses in accordance with
the specific zoning conditions and standards for their location and
operation included within Morristown Land Use Regulations. For the
purposes of this chapter, wireless communication antennas shall not
be considered a public utility. Notwithstanding any section in these
regulations to the contrary, wireless communication antennas that
are granted approval shall be permitted as a second primary use. This
chapter does not govern ham operator antennas and parabolic satellite
antennas.
The portion of the rear or side yard that is dedicated to
the communal use by all residents/tenants of a property.
The area between a property line and the principal structure.
The yard area in the front of the lot.
Area perpendicular from angle bisector of side yard and rear
yard measured from the interior corner of the lot.
The portion of the rear or side yard that is dedicated to
the use of a single residential unit. In cases of multifamily units,
this space shall be separated from common space or other private yards
through the use of a fence, wall, hedge or other similar method.
The yard area at the rear of the lot.
The area adjacent to a property line in which a principal
building and other structures are not permitted to be located.
The yard area on the side of the lot.
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Diagram of yard locations
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A document signed by the Zoning Officer which:
Is required by the Land Use Regulations 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
Acknowledges that such use, structure or building complies with
the provisions of this chapter or variance therefore duly authorized
by a municipal agency.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Land Use Application is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Appeal and Interpretation Form is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Concept Review Application is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Parking and Loading Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Shared Parking Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Building Height Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Prevailing Setback Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Accessory Structure Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor’s Note: The Subdivision Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Prevailing Lot Standards Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The COAH Developer Fee Worksheet is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-1 Administrative Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-2 Minor Site Plan Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-3 Minor Subdivision Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-4 Major Site Plan Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-5 Major Subdivision (Preliminary) Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-6 Major Subdivision (Final) Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-7 Concept Plan Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The M-8 Variances (c and d) Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Contact Information and Escrow/Fee Calculation Form is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Site Inspection Authorization Form is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Owner Contribution Disclosure Form is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Owner Corporation Disclosure Form is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Shade Tree Commission (STC) Development Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Letter of Availability is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Façade Design Review Guideline Form is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Site Plan Drawings Table is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Sewer Connection Fee Determination Application is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Sustainable Development/Green Building Form is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Complete Streets Checklist is included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Partnership Standards Drawings are included as an attachment to this chapter.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
[1]
Editor's Note: The Historic District Map is included as an attachment to this chapter.
