A.
ACCESSORY USE OR BUILDING
ACUTE CARE/ACUTE CARE SERVICES
ADMINISTRATIVE OFFICER
AFFORDABLE ACCESSORY APARTMENT
AGENCY
AMUSEMENT PARLOR
ANIMAL KENNELS
ASSISTED LIVING
ASSISTED LIVING FACILITY (aka ASSISTED LIVING RESIDENCE)
ATTIC
AUTOMOBILE REPAIR SERVICE
AUTOMOBILE SERVICE STATION
AWNING
AWNING SIGN
BASEMENT
BLOCK FRONT
BOARDING HOUSE
(1)
(2)
(3)
(4)
(5)
(6)
BREWPUB
BUFFER AREA
BUILDING COVERAGE
BUILDING HEIGHT
CHILD-CARE CENTER
CONDOMINIUM
CONTINUING CARE RETIREMENT COMMUNITY
CUSTOMARY HOME OCCUPATION
DIGITAL DATA STORAGE WAREHOUSES
DWELLING
DWELLING, TOWNHOUSE
DWELLING UNIT
(1)
(2)
(3)
(4)
EDUCATIONAL AND VOCATIONAL TRAINING INSTITUTIONS AND SCHOOLS
EDUCATIONAL INSTRUCTION
FAMILY
FEE SIMPLE
FLOOR AREA or GROSS FLOOR AREA
FRONTAGE
HABITABLE ROOMS
HANGING SIGN
HEALTH CARE SERVICE
HEALTH CARE SUPPORT SERVICES
HEALTH CLUB
HOMELIKE ENVIRONMENT
HOTEL
HOTEL, BOUTIQUE (BOUTIQUE HOTEL)
HOUSING REGION
IMPERVIOUS COVERAGE
INCLUSIONARY DEVELOPMENT
INDEPENDENT LIVING
INDEPENDENT LIVING FACILITY (aka INDEPENDENT LIVING RESIDENCE)
INDOOR CORPORATE HEALTH FACILITY
LANDSCAPED GREEN AREA
LCoC RESIDENT
LCoC RESIDENTIAL UNIT
LIMITED CONTINUUM OF CARE (LCoC) COMMUNITY
LONG-TERM CARE FACILITY
LOT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
LOW-INCOME HOUSING
MEDIAN INCOME
MEMORY CARE
MODERATE-INCOME HOUSING
MOTEL
NEW JERSEY COUNCIL ON AFFORDABLE HOUSING or COAH
NONCONFORMING USE
NURSING HOME (aka NURSING FACILITY)
NURSING HOME LEVEL CARE
OPEN PORCH
OPEN SPACE
PERSONAL SERVICES
PORTICO
PRINCIPAL USE
PRIVATE GARAGE
PUBLIC GARAGE
RECREATIONAL INSTRUCTION
RESIDENTIAL BUILDING ALTERATION
RESPITE CARE
RESTAURANT
RESTAURANT, FAST-FOOD
SECTION 8 INCOME LIMITS
SELF-STORAGE WAREHOUSE
(1)
(2)
(3)
(4)
(5)
(6)
SHOPPING CENTER
SHORT-TERM RENTAL
SIGN
STORY
[4]
(1)
(2)
STREET
TOWNHOUSE DEVELOPMENT
YARD
(1)
(2)
(3)
(4)
(5)
Certain words and phrases as used in this chapter
which, for the purpose hereof, are defined as follows:
A subordinate use or building, the purpose of which is incidental
to that of the main use or building and on the same lot.
The level of attention or services an individual receives
while recovering from an injury, illness or surgery upon hospital
discharge but not rising to the level of long-term care, such as,
but not limited to, hospice care, oxygen treatment, wound care, physical
therapy and like and similar services.
[Added 7-19-2022 by Ord. No. 2022:19]
The designated governmental official or entity charged with
administering land development regulations in the Township.
[Added 3-14-2000 by Ord. No. 2000:7]
One self-contained residential dwelling unit with a kitchen
with cooking facilities and a kitchen sink, complete sanitary facilities,
sleeping quarters and a private entrance for the exclusive use of
its occupants which is created through the conversion of an existing
attached accessory structure on the same site, or by an addition to
an existing home or accessory building, to be occupied by a low- or
moderate-income household in accordance with the applicable provisions
of the Substantive Rules of the New Jersey Council on Affordable Housing
(COAH) at N.J.A.C. 5:93-1, et seq. It shall consist of no less than
two rooms, one of which shall be a full bathroom. The unit shall be
accessory and incidental to the principal single-family residential
use located on the same lot.
[Added 10-1-2019 by Ord.
No. 2019:61]
New Jersey Housing and Mortgage Finance Agency established
by L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
[Added 7-9-1991 by Ord. No. 91:46]
Any place or premises where there are more than five amusement machines (as that term is defined by Chapter 86, Amusement Machines). The term "amusement parlor" shall include, but not be limited to, video game arcade or arcade.
[Added 12-19-2021 by Ord.
No. 2021:23]
Any structure or premises in which animals are boarded, groomed,
bred or trained. Animal kennels may include dog runs and pens as regulated
herein.
[Added 3-14-2000 by Ord. No. 2000:7]
As defined in N.J.A.C. 8:33H, a coordinated array of supportive
personal and health services, available 24 hours per day, to residents
who have been assessed to need these services, including residents
who require formal long-term care. Assisted living promotes resident
self-direction and participation in decisions that emphasize independence,
individuality, privacy, dignity, and homelike surroundings.
[Added 7-19-2022 by Ord. No. 2022:19]
A residential facility which is licensed by the New Jersey Department of Health to provide apartment-style housing with congregate dining and a coordinated array of supportive personal and health care services and appropriate residential amenities, available 24 hours per day, seven days per week, 365 days per year, to four or more adult residents unrelated to the proprietor. Each apartment unit shall, as part of the living quarters, include, at a minimum, one unfurnished room, one private bathroom, kitchenette and lockable entrance door. Common recreation and laundry facilities, housekeeping and maintenance services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to the facility. An assisted living facility/assisted living residence may offer memory care (as defined in § 430-8) services, provided that the facility has established criteria for admission to and discharge from the program(s) when the resident's needs can no longer be met, based upon a registered professional's assessment of the cognitive and functional status of the resident, or the guidelines set forth and agreed upon in the facility's residency lease agreement.
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
[Added 3-14-2000 by Ord. No. 2000:7]
A business, other than an automobile service station, engaged
in the maintenance, servicing and repair or vehicles. They can include
muffler shops, auto body shops, tire shops, quick lubrication services
and other automobile repair services. They may also include the sale
of automobile parts, tools and equipment as an ancillary use, but
not the sale of vehicles.
[Added 3-14-2000 by Ord. No. 2000:7]
An area of land, including structures thereon, that is used
primarily for the retail sale and direct delivery to motor vehicles
of gasoline and lubricating oil and the making of minor repairs, but
not auto body work, welding or painting, nor any repair work in the
open.
A roof-like cover that may be temporary or permanent in nature
and projects from the wall of a building for the purposes of shielding
a doorway or window or providing decorative or architectural detail
for nonresidential buildings. Unless otherwise specified in this chapter,
permanent awnings that can not be retracted shall be subject to the
setback requirements of the district in which the building is located.
[Added 10-14-1997 by Ord. No. 97:30]
A sign that is painted or attached to an awning. Awning signs
shall be permanent in nature and not retractable.
[Added 10-14-1997 by Ord. No. 97:30]
A portion of the building space having 1/2 or more of its
floor-to-ceiling height below the average elevation of the finished
grade, measured six feet from every side of the structure of the adjoining
ground. A basement shall be considered a building story where 1/2
or more of the floor to ceiling height of the basement is above the
average level elevations as noted herein. A garage vehicular doorway
at a basement level of a single-family residence, with a capacity
of up to two passenger cars and a total horizontal exposed width of
no more than 20 feet, is excepted from being defined herein as a story
above grade.
[Added 3-14-2000 by Ord. No. 2000:7; amended 9-19-2023 by Ord. No. 2023:11]
Such number of lots in any given block which comprise, include
and contain the frontage of lots situated across or opposite the street
from a proposed subdivision and which lie within the side lot lines
of the proposed subdivisions as projected across such street.
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single room permanent occupancy by a resident or residents other
than the property owner. The term "boarding house" shall exclude the
following:
[Added 9-17-2013 by Ord. No. 2013:30; amended 3-17-2020 by Ord. No. 2020:07]
Any congregate living arrangement;
Any hotel, residential inn, or short-term rental;
Any resource family home as defined in Section 1 of P.L. 1962,
c. 137 (N.J.S.A. 30:4C-26.1);
Any community residence for the developmentally disabled and
any community residence for the mentally ill as defined in Section
2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2);
Any adult family care home as defined in Section 3 of P.L. 2001,
c. 304 (N.J.S.A. 26:2Y-3);
Any facility or living arrangement operated by, or under contract
with, any state department or agency, upon the written authorization
of the commissioner.
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.
[Added 3-17-2020 by Ord. No. 2020:07]
An area either in its natural state or supplemented with
evergreen and other suitable vegetation, fences, walls, berms or any
combination thereof as approved by the Planning Board or Zoning Board
of Adjustment and which is used to physically separate or screen one
use or property from another so as to visually shield or block noise
or other nuisances. No building, structure, parking area, driveway
(except to provide access to property and which is perpendicular to
the buffer area), street, sign (except directional signs) or storage
of materials may be permitted within a buffer area.
[Amended 3-14-2000 by Ord. No. 2000:7]
The area of lot covered by all buildings, exclusive of decks
and patios. Cantilevers and overhangs are not included in the calculation
of building coverage if they do not extend more than two feet from
a building and are at least four feet above the grade directly adjacent
to the projection. Bay and bow windows constructed no lower than 24
inches from the level of the finished floor of a residential structure
and no larger than 16 square feet are not included in the cantilever
or overhang restriction noted herein.
[Added 3-14-2000 by Ord. No. 2000:7; amended 10-23-2007 by Ord. No. 2007:48]
The vertical distance measured from the average elevation
of the finished grade, six feet from every side of the structure,
to the highest point of a flat roof, to the deckline of a mansard
roof and to the midpoint below the highest peak on a gable, sloped
or hip roof.
[Added 3-14-2000 by Ord. No. 2000:7]
An institution or place, whether known as a "child-care or
infant-care center," "infant-toddler program," "boarding school or
home," "day nursery," "nursery school," "day-care center," "child
play or progressive school," "child recovery center" or under any
other name, which institution, for compensation or otherwise, receives
for temporary custody, with or without stated educational purposes,
during part or all of the day but for not less than two hours each
day, apart from their parents or legal guardians, six or more children
under the age of six.
[Added 12-12-1989 by Ord. No. 89:72; amended 3-27-1990 by Ord. No. 90:25]
A building or group of buildings and associated land area
in which dwelling units, offices or floor area are owned individually
and the structure, common areas and facilities are owned by all the
owners on a proportional undivided basis.
[Added 3-14-2000 by Ord. No. 2000:7]
The provision of lodging and nursing, medical, or other related
services at the same or another location to an individual pursuant
to an agreement effective for the life of the individual or for a
period greater than one year, including mutually terminable contracts,
and in consideration of the payment of an entrance fee with or without
other periodic charges. A fee which is less than the sum of the regular
periodic charges for one year of residency is not considered an entrance
fee.
[Added 7-19-2022 by Ord. No. 2022:19]
An activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit, but not a "professional home office" as defined in § 430-59B. A customary home occupation may include, but is not limited to, a home office for personal use by an accountant, architect, dressmakers and tailors, engineer, land surveyor, lawyer, professional planner or other such professions, not including doctors or other medical practitioners, provided that the professional person owns and occupies, as a dwelling, the unit used in the practice of the profession and that the use does not exceed 30% of the floor area of the dwelling. A customary home occupation may also include the individual teaching of music, singing, etc.; individual private tutoring; portrait painting or sculpturing; or contractors using their homes to receive phone calls, provided there is no storage of construction equipment or materials at the property. A customary home occupation may also include a limousine owner using his/her home to make appointments to pick up passengers via telephone and/or electronic mail, provided that such limousine owner does not park more than one nonmodified, standard-sized vehicle bearing a limousine license plate at his/her home.
[Amended 3-14-2000 by Ord. No. 2000:7; 10-24-2000 by Ord. No. 2000:43; 11-27-2012 by Ord. No.
2012:39]
A digital data repository facility of data servers for an
enterprise or various client entities. Such a facility does not include
a disaster recovery facility.
[Added 11-27-2012 by Ord. No. 2012-37]
A building or structure or part thereof containing one or
more dwelling units or lodging units.
[Added 12-19-2006 by Ord. No. 2006:24]
A one-family dwelling in a row of units in which each unit
has its own front and rear access to the outside, no unit is located
above another unit, each unit has a private garage and each unit is
separated from any other unit by one or more common fire-resistant
walls.
[Added 3-14-2000 by Ord. No. 2000:7]
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used, or designed to be used, for living, sleeping, cooking or
eating.
[Amended 12-19-2006 by Ord. No. 2006:24]
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family.
DWELLING, TOWNHOUSEAn attached single-family building wherein no family shall occupy air space one above the other as defined in N.J.S.A. 46:8-1 et seq. and having private garage and storage space and utilities.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other.
DWELLING, MULTIFAMILYA building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses but not including motels or hotels.
A specialized instructional establishment that provides on-site
training of business, commercial, and/or trade skills such as accounting,
data processing, service technicians, maintenance and repair and computer
skills training. Such an institution or school does not imply that
the subject matter of the training is permitted as a use in the zone,
unless specifically noted herein.
[Added 11-27-2012 by Ord. No. 2012-37]
Group or one-on-one instruction, including dance, music,
and art schools, as well as tutoring and test preparation services,
provided in a room or series of rooms. Retail sales of materials directly
related to instructional activity conducted on-site may be provided
in conjunction with the principal educational instruction use. Educational
instruction shall not include recreational instruction, personal services,
or educational and vocational training institutions and schools, as
defined in this chapter.
[Added 12-19-2021 by Ord.
No. 2021:23]
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a hotel or motel.[2]
[Amended 12-19-2006 by Ord. No. 2006:24]
The ownership of a complete set of property rights to a particular
parcel or property, including subsurface, surface and air rights.
[Added 3-14-2000 by Ord. No. 2000:7]
The sum of the gross horizontal areas of the several floors
of a building. For the purposes of this chapter, the term "floor area"
shall not include areas devoted to mechanical equipment serving the
building, stairways and elevators, interior areas devoted exclusively
to parking and loading for motor vehicles or to any space where the
floor-to-ceiling height is less than seven feet, provided that no
more than 15% of the gross area may be reduced for these common area
calculations.
[Added 3-14-2000 by Ord. No. 2000:7; amended 12-19-2021 by Ord. No. 2021:23]
That side of a lot abutting a street or public right-of-way.
[Added 3-14-2000 by Ord. No. 2000:7]
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
and utility rooms, and porches. Other rooms or spaces that are not
used frequently or for an extended period or that have less than 70
square feet of floor area shall not be considered as habitable rooms.
[Added 12-19-2006 by Ord. No. 2006:24]
A sign designed to hang from a building canopy, awning, awning
sign or a frame or other mechanical device attached to a building
wall and oriented at a ninety-degree angle from the plane of the building
facade. Permitted hanging signs and associated design standards for
such signs are depicted in Illustration E of this chapter.[3]
[Added 10-14-1997 by Ord. No. 97:30]
As defined in N.J.A.C. 36, any service provided to a resident
of an assisted living residence or comprehensive personal care home
that is ordered by a physician and required to be provided or delegated
by a licensed, registered or certified health care professional. Any
other service, whether or not ordered by a physician, that is not
required to be provided by a licensed, registered or certified health
care professional shall not be considered a health care service.
[Added 7-19-2022 by Ord. No. 2022:19]
Facilities and establishments providing support to the medical
profession and patients, including medical and dental laboratories,
blood banks and miscellaneous medical and surgical supplies and services.
[Added 3-14-2000 by Ord. No. 2000:7]
A membership establishment that provides multiple facilities,
within one or more buildings on a site, for activities that may include
aerobic exercises, running and jogging, weight training and strength
conditioning, game courts, swimming facilities, exercise equipment,
saunas, showers and lockers. Health clubs may include pro shops as
well as instructional programs for members and guests.
[Added 3-14-2000 by Ord. No. 2000:7; amended 12-19-2021 by Ord. No. 2021:23]
A residential setting where a sense of family and community
pervades to foster emotional attachment to people and place and in
which a resident's preferred lifestyle, habits and use of personal
belongings are encouraged and supported.
[Added 7-19-2022 by Ord. No. 2022:19]
A building containing individual lodging accommodation units
available to transient guests, with each unit containing individual
sleeping and bath facilities and each having public access to a common
hallway linked to a central lobby area. Permitted accessory uses associated
with a hotel include banquet facilities, restaurants, cafeterias,
pubs and taverns, newspaper stands, barbershops and beauty parlors,
health clubs, swimming pools and conference rooms.
[Added 12-19-2006 by Ord. No. 2006:24; amended 9-18-2007 by Ord. No. 2007:32]
A hotel as defined herein that contains no fewer than 50
guest rooms and a maximum of 199 guest rooms and such indoor accessory
uses and amenities as are specified in this chapter.
[Added 12-20-2022 by Ord. No. 2022:39]
A geographic area, determined by the New Jersey Council on
Affordable Housing, of no less than two nor more than four contiguous
whole counties which exhibit significant social, economic and income
similarities and which constitute, to the greatest extent practicable,
the primary metropolitan statistical areas (PMSA) as last defined
by the United States Census Bureau prior to July 2, 1985. The applicable
housing region for Parsippany-Troy Hills is the Northwest Region,
consisting of Essex, Morris, Sussex and Union Counties.
[Added 7-9-1991 by Ord. No. 91:46]
The percentage of a lot area which is improved with principal
and accessory buildings, structures and uses, and including but not
limited to driveways, parking areas, walkways, loading areas, tennis
courts, garages, patios, decks and other impervious materials.
[Added 3-14-2000 by Ord. No. 2000:7]
A residential housing development in which a substantial
percentage of the housing units is provided for a reasonable range
of low- and moderate-income households.
[Added 7-9-1991 by Ord. No. 91:46]
A community which provides a living unit chosen by the resident
for his or her exclusive use in which the resident can safely live
and function independently. The facility can offer a coordinated array
of personal and supportive services, available to the resident either
24 hours a day or during clearly designated times defined in the facility's
residency lease agreement.
[Added 7-19-2022 by Ord. No. 2022:19]
A residential facility which is not licensed by the New Jersey
Department of Health, which provides apartment-style housing with
congregate dining and a limited array of supportive personal and health
care services that do not rise to the level of assisted living, and
appropriate residential amenities, available 24 hours per day, seven
days per week, 365 days per year, to four or more adult residents
unrelated to the proprietor. Each apartment unit shall, as part of
the living quarters, include, at a minimum, one unfurnished room,
one private bathroom, full kitchen or kitchenette and lockable entrance
door. Common recreation and laundry facilities, housekeeping and maintenance
services and community and administrative facilities and services,
all in support of and for the sole benefit of the residents of the
facility, shall be considered customary accessory uses to the facility.
[Added 7-19-2022 by Ord. No. 2022:19]
An exercise facility or fitness center which focuses on the
physical, social and mental health of its members. The facility may
include an exercise room, whirlpools, racquetball courts, aerobic
studio, sauna, Jacuzzi, locker rooms and pro shop, provided that the
use of all facilities shall be limited to members which are employees
of the corporate facilities within the ROL Zone in which the principal
building is located.
[Added 3-13-1990 by Ord. No. 90:13]
An area either in its natural state or lawned and supplemented
with landscape plantings and other suitable vegetation which is used
to create an attractive green space located along the highway frontage
of a nonresidential use. No building, structure, parking area, driveway
(except to provide access to the property), street or storage of materials
may be permitted within a landscaped green area.
[Added 3-14-2000 by Ord. No. 2000:7]
An individual who lives in a limited continuum of care (LCoC) community (as defined in § 430-8).
[Added 7-19-2022 by Ord. No. 2022:19]
A separate apartment or dwelling unit where one or more individuals reside within a limited continuum of care (LCoC) community (as defined in § 430-8). LCoC residential units shall house no more than two residents.
[Added 7-19-2022 by Ord. No. 2022:19]
A facility which is licensed by the New Jersey Department of Health combining apartment-style independent living residences and assisted living residences (both defined herein) in a homelike environment within a single building, and providing a variety of continuum of care services typical of such residences, as well as acute care services (as defined in § 430-8). Accessory uses typical of independent living residences and assisted living residences shall be for the exclusive use of the LCoC residents, their guests and the staff of the facility. LCoC communities shall not be construed to include continuing care retirement communities, hospice facilities, long-term care facilities, nursing homes/nursing facilities or respite care facilities (as defined in § 430-8 and/or N.J.A.C. 8:33H or 8:36), nor shall they provide services typical thereof.
[Added 7-19-2022 by Ord. No. 2022:19]
A residential facility offering an array of personal care,
psychosocial, nursing, and other supportive services that are available
to people with functional limitations due to chronic, and frequently
degenerative, physical or cognitive disorders. Long-term care encompasses
a broad spectrum of care that includes ongoing skilled nursing care
and subacute rehabilitative services provided by medical professionals.
[Added 7-19-2022 by Ord. No. 2022:19]
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
[Amended 3-14-2000 by Ord. No. 2000:7]
CORNER LOTA lot at the junction of and fronting on two or more intersecting streets.
THROUGH LOTA lot that fronts on two parallel streets or fronts on two streets that do not intersect at the boundaries of the lot.
LOT LINEAny boundary line of a lot.
FRONT LOT LINEThe lot line separating a lot from the street right-of-way.
REAR LOT LINEThe lot line opposite and most distant from the front lot line.
DEPTH OF LOTThe mean distance measured from the mean front lot line to the mean rear lot line.
WIDTH OF LOTShall be measured along a straight line connecting the points of the intersection of the required minimum front yard setback line and the side lot lines of the lot.
Housing which is affordable according to the Federal Department
of Housing and Urban Development, or other recognized standards for
home ownership and rental costs, and which is occupied or reserved
for occupancy by households with a gross household income equal to
50% or less of the median gross household income for households of
the same size within the housing region in which the housing is located
and which is subject to affordability controls.
[Added 7-9-1991 by Ord. No. 91:46]
The Federal Department of Housing and Urban Development uncapped
median income by family size for Morris County using the most recent
calculations of the United States Department of Housing and Urban
Development for each appropriate household.
[Added 7-9-1991 by Ord. No. 91:46]
Programs to meet the needs of residents with Alzheimer's
disease or other dementias providing individualized care based upon
assessment of the cognitive and functional abilities of the participant.
[Added 7-19-2022 by Ord. No. 2022:19]
Housing affordable according to the Federal Department of
Housing and Urban Development or other recognized standards for home
ownership and rental costs and which is occupied or reserved for occupancy
by households with a gross household income equal to or more than
50% but less than 80% of the median gross household income for households
of the same size within the housing region in which the housing is
located and which is subject to affordability controls.
[Added 7-9-1991 by Ord. No. 91:46]
A use which shall contain at least 100 sleeping rooms, each
having its own bathroom. Such use may also contain meeting rooms,
office and temporary office space, restaurants and retail-commercial
space.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.), which has primary jurisdiction for the administration of
housing obligations in accordance with sound regional planning considerations
in this state.
[Added 7-9-1991 by Ord. No. 91:46]
One that does not comply with the regulations of this chapter
for the zone in which it is located.
A facility that is licensed by the New Jersey Department
of Health to provide health care under medical supervision and continuous
nursing care for 24 or more consecutive hours to two or more patients
who do not require the degree of care and treatment which a hospital
provides and who, because of their physical or mental condition, require
continuous nursing care and services above the level of room and board.
[Added 7-19-2022 by Ord. No. 2022:19]
Care provided to individuals who have chronic medical condition(s)
resulting in moderate to severe impairments in physical, behavioral,
cognitive, and/or psychosocial functioning. The need for nursing home
level care and services is determined by a registered nurse and identified
in a plan of care, in accordance with N.J.A.C. 8:36-7.1. Nursing home
level care includes, but is not limited to, partial or total assistance
with activities of daily living (for example, bathing, dressing, eating,
toileting, mobility), assistance with self-administering or administration
of medications, and provision of treatments and periodic reassessments
as directed by the plan of care. It may also include the provision
of physiotherapy, occupational therapy, therapeutic counseling, and
other rehabilitative services as indicated by the individual's medical
condition.
[Added 7-19-2022 by Ord. No. 2022:19]
A roofed piazza, porch or porte cochere which projects beyond
the main wall of a building into a yard for which the columns supporting
the roof shall present a minimum of obstruction to the view and the
circulation of air.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Establishments engaged in providing services involving the
personal care of a person, his or her personal goods or apparel, or
his or her pet, including the following: hair, skin care, and nail
salons; day spas; beauty salons and barbershops; shoe repair; clothing
and garment services such as cleaning, pressing, rental, and tailoring;
licensed massage or similar therapy; pet grooming; and pet day care.
The following uses shall not be considered personal services: educational
instruction, recreational instruction, funeral homes or mortuaries,
animal kennels, or pet shops.
[Added 12-19-2021 by Ord.
No. 2021:23]
An open-sided structure attached to a building sheltering
an entrance or serving as a semi-enclosed space.
[Added 7-19-2022 by Ord. No. 2022:19]
The primary or predominant use of any one lot or parcel.
[Added 3-14-2000 by Ord. No. 2000:7]
A building or space used as an accessory to the main building
which provides the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
Any building, premises or land or part thereof, other than
a private garage, used for the storage, care or repair of motor vehicles
for profit or where any such vehicles are kept for hire.
Group or one-on-one instruction, including yoga, pilates,
martial arts, exercise, and personal training studios, provided in
a room or series of rooms. Retail sales of goods directly related
to instructional activity conducted on-site may be provided in conjunction
with the principal recreational instruction use. Recreational instruction
shall not include educational instruction, personal services, or health
clubs, as defined in this chapter.
[Added 12-19-2021 by Ord.
No. 2021:23]
The renovation, extension or otherwise expansion of an existing
structure. Should less than two exterior walls of an existing structure
remain during said alteration, then the alteration shall be considered
a new structure.
[Added 11-27-2012 by Ord. No. 2012:39]
A service that provides a brief period of relief from caregiving
responsibilities for the family members and friends of individuals
who require long-term care. It may be offered either on an outpatient
basis, for example, in the form of adult day health care, or an inpatient
basis, for example, in the form of residential health care.
[Added 7-19-2022 by Ord. No. 2022:19]
A business or establishment where food and drink are prepared,
served and consumed on premises within an enclosed principal building,
including outdoor dining where permitted, and wherein food is served
primarily by providing table service. "Table service" is defined as
taking customer's orders at tables where they will be served by wait
staff. Restaurants may also provide take-out or delivery service in
addition to table service. No restaurant shall have any drive-through
or walk-up window.
[Added 3-14-2000 by Ord. No. 2000:7; amended 12-19-2021 by Ord. No. 2021:26]
A business or establishment engaged in the sale of pre-prepared
or rapidly prepared food or beverages, which are sold directly to
the customer in a ready-to-consume state for consumption, either on
or off the premises. Such operations shall occur within an enclosed
principal building, with or without a drive-through or walk-up window.
Fast food restaurants may also provide take-out or delivery service.
[Added 12-19-2021 by Ord.
No. 2021:26]
A schedule of income limits that define 50% and 80% of median
income by household size. When used herein, "Section 8 income limits"
shall refer to the uncapped schedule as periodically revised and published
by the Federal Department of Housing and Urban Development and adopted
by COAH.
[Added 7-9-1991 by Ord. No. 91:46]
A structure or structures containing separate, individual
and private storage spaces of varying sizes leased or rented on individual
leases to residential and commercial users for varying periods of
time. The storage of hazardous and flammable chemicals and explosives
are not permitted. The following uses and activities are also prohibited
in self-storage warehouses:
[Added 3-14-2000 by Ord. No. 2000:7]
Wholesale or retail commercial sales.
Auctions or garage sales.
Any type of fabrication or manufacturing activity.
The servicing or repair of any vehicles, boats,
tools or equipment.
The use of any power tools or similar equipment
not for the express use in the maintenance and repair of the self-storage
facility.
The operation of any transfer and storage business.
A combination of uses that may include retail sales, personal
services, educational instruction, recreational instruction, health
clubs, restaurants, or eating and drinking establishments, proposed
to occupy a tract of land 10 acres or larger and/or proposed to be
housed in a building or buildings of 75,000 square feet of gross floor
area or larger.
[Added 12-19-2021 by Ord.
No. 2021:23]
Any dwelling unit, or portion thereof, rented by the property
owner, for income-producing purposes, to a person or group for a period
of less than 30 consecutive days. Short-term rentals shall not be
permitted in any district.
[Added 3-17-2020 by Ord. No. 2020:07]
Includes any and all forms of advertisement or display as fully described in Article XXXVIII of this chapter.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor next above it or, if
there is no floor above it, then the space between the floor and the
ceiling next above it. There shall be excluded from any such definition
that portion of a building which is used entirely for the containment
of mechanical equipment and utility service, including heating, ventilating,
plumbing and electrical equipment, storage space ancillary to the
primary uses in the structure and nonresidential and multifamily garage
parking, used for a permitted use solely for the occupants of the
premises upon which it is located, for the storage of motor vehicles,
except as noted herein.
[Added 4-12-1983 by Ord. No. 83:24; amended 9-19-2023 by Ord. No. 2023:11]
STORY, FIRSTThe lowest story as above defined.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story.
Any road, avenue, street, land, plaza or other way set aside
for common street purposes.
Dwellings developed as a single entity in which individual
lots have a common or public open space as an appurtenance.
The area of the lot that lies between a building and the
nearest lot line. The minimum required yard depth as set forth in
this chapter shall be unoccupied and unobstructed except as may be
specifically provided in this chapter. The sketch maps set forth in
Illustrations F1 through F4[5] of this chapter illustrate the delineation of yards for
measurement purposes and clarification of the Code's intent with respect
to yard measurements.
[Amended 8-8-1978 by Ord. No. 78:17; 3-14-2000 by Ord. No. 2000:7]
FRONT YARDAn open, unoccupied space within and extending the full width of the lot between the front lot line and the parts of the building setting back from such line. The depth of the yard shall be measured from the front lot line to the building wall. Corner lots shall have a front yard corresponding to each street frontage.
REAR YARDAn open, unoccupied space within and extending the full width of the lot between the rear walls of the building and the rear lot line.
SIDE YARDAn open, unoccupied space extending from the front yard to the rear yard between the building and the side lot line and measured from the side lot line to the building wall.
YARD DEPTHThe average distance between the front lot line and rear lot line.
YARD SETBACK LINEA line drawn parallel to a lot line at a distance equal to the minimum required yard depth.
[1]
Editor's Note: This ordinance also provided
that its provisions shall control in the event of any conflicts with
the regulations of any other Township development ordinances.
[2]
Editor's Note: The former definition of "fast-food restaurant,"
added 3-14-2000 by Ord. No. 2000:7, as amended, which
immediately followed this definition, was repealed 12-19-2021 by Ord. No.
2021:26. See now "restaurant, fast-food."
[3]
Editor's Note: Illustration E, Hanging Signage, is included at the end of this chapter.
[4]
Editor's Note: A diagram (Definition of "story," Illustration A) illustrating this definition is included at the end of this chapter.
[5]
Editor's Note: Illustrations F1 through F3
are located at the end of this chapter.
B.
Word usage. The word "lot" includes the word "plot";
the word "premises" includes the words "plot," "lot," "land," "parcel"
and "ground"; the word "building" includes the word "structure"; the
word "occupies" includes the words "used, designed or intended to
be occupied"; and the word "used" includes the words "arranged, designed
or intended to be used."
C.
Zoning permit. A zoning permit is a document signed
by the Administrative Officer which is required as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a building or structure
and certifies that such use, building or structure complies with the
provisions of this chapter or variance therefrom.
[Added 6-9-1982 by Ord. No. 31:82]
