A.
For the purposes of this chapter, the following rules
of interpretation shall apply:
(1)
Words used in the present tense include the future
tense.
(2)
Words used in the singular number include the plural
number, and vice versa.
(3)
Words used to include the male gender include the
female gender, and vice versa.
(4)
The word "used" shall also include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used.
(5)
The word "person" includes corporations or partnerships
as well as individuals.
(6)
The word "lot" includes the words "plot," "parcel"
or "premises."
(7)
The word "structure" includes the words "building,"
"dwelling" or "residence."
(8)
The term "such as" shall be considered as introducing
a typical or illustrative designation of terms and shall not be construed
as constituting a complete list.
(9)
The word "shall" is mandatory and not discretionary.
B.
Any word or item not defined herein shall be used
with a meaning as defined in Webster's New International Dictionary
of the English Language, unabridged and latest edition. Moreover,
whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term is intended to have the meaning as defined
in N.J.S.A. 40:55D-1 et seq., unless specified to the contrary in
this chapter.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings herein
indicated:
A physical entrance to property.
A building, structure or use which is customarily associated
with and is incidental and subordinate to the principal building,
structure or use and which is located on the same lot therewith, including
but not limited to garages, carports, decks, sheds, nonportable swimming
pools and all roofed structures. Any accessory building attached to
the principal building shall be considered part of the principal building.
A single vehicular entrance and/or exit combination between
a street and a lot.
The construction of a new improvement as a part of an existing
improvement when such new improvement changes the exterior appearance
of any landmark.
The Zoning Enforcement Officer of the Borough of Haddon Heights,
unless a different official(s) is designated by ordinance or statute
or by the Mayor.
An establishment having any portion of its stock-in-trade
books, magazines, other periodicals, films and other viewing materials
which are distinguished or characterized by their emphasis on matters
depicting, describing or relating to specified sexual activities,
sexual conduct or specified anatomical areas or an establishment which
has any segment or section of the premises devoted to the sale, rental
or display of such material.
Film or films, continuous slides or pictures of any nature
in which any person is shown, depicted or revealed in any act of sexual
conduct or sadomasochistic abuse.
An enclosed building used for presenting material distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities, sexual conduct or specified
anatomical areas for observation by patrons therein.
The traveled way by which cars enter and depart parking spaces.
A minor way serving vehicular traffic circulation to more
than one lot at the rear or side of a lot otherwise abutting on a
street.
Any work done on any existing improvement which:
A structure, usually constructed with wire or wires, for
radiating waves into space or receiving them from space.
The landowner or the agent, optionee, contract purchaser
or other person authorized in writing to act for the landowner submitting
an application under this chapter.
The application or appeal forms, together with the required
fees and all accompanying documents required by this chapter for approval
of a subdivision plat, site plan, planned development, conditional
use, zoning variance or direction for issuance of a permit pursuant
to Section 25 or 27 of the State Municipal Land Use Law (N.J.S.A.
40:55D-34 or 40:55D-36).
A lot or building used for the sale or hire of automotive
equipment. This shall be interpreted to include new and used car dealerships
and auto accessory salesrooms but not the sale of junked automotive
equipment.
A structure and surrounding land used for the storage and
sale of petroleum fuel primarily to motor vehicles and for accessory
uses such as the sale of lubricants, accessories or supplies or the
performing of minor repairs. A "service station" is not a repair garage,
body shop or car wash.
A roof-like covering of canvas, aluminum or other material
attached to a metal or other frame which is entirely supported by
the building or other structure to which it is attached.
A sign which is attached to or made part of an awning.
An activity provided in an occupied residence in which child
care is provided only for a child or children related to the resident
caregiver or only for a child or children of one unrelated family
or only for a combination of such children, not being a child-care
center or family day-care home. "Baby-sitting" is a permitted accessory
use in all Borough residences.
A commercial bank, saving and loan, or savings bank.
A steep-faced curb intended to prevent encroachments.
The portion of a building that is partly below grade which
has more than ½ of its height, measured from floor to
ceiling, above the average finished grade of the ground adjoining
the building. A "basement" shall be counted as a story if used for
business or dwelling purposes other than for a janitor employed on
the premises.
A portion of a residential dwelling unit containing no more
than three sleeping accommodations, without individual cooking facilities,
which are used, let or hired out for compensation for the use of temporary
guests for no more than seven days. A central dining area may be utilized
to furnish breakfast only to the guests.
A room planned or used primarily for sleeping.
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
A mound of soil, either natural or man-made, used as a view
obstruction.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than on a building
or the grounds to which the advertising applies. "Billboards" are
prohibited in all zoning districts.
An area bounded by one or more streets or a municipal boundary
and of sufficient size to accommodate a lot or lots of the minimum
size required by this chapter.
The Planning Board or the Zoning Board of Adjustment[1] of the Borough of Haddon Heights, as the case may be.
A building, other than apartment buildings or townhouses,
or part thereof arranged or used for lodging, with or without meals,
for compensation, monetary or otherwise, and not occupied as a single
housekeeping unit. "Boardinghouses" are prohibited in all zoning districts.
A structure designed to convey motorized/nonmotorized vehicles
and/or pedestrians over a watercourse, railroad, street or other obstacle
or depression.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to continuously limit the view of and/or sound
from the site to adjacent sites or properties.
That portion of a lot lying between required yards and/or
setback lines.
A combination of materials to form a construction adapted
to a permanent, temporary or continuous occupancy and having a roof,
created to shelter human activity.
The horizontal plane projection taken at grade level of all
covered or roofed areas on a lot, whether permanent or temporary.
In computing "building area," cornices, eaves, gutters and uncovered
steps are excluded.
The building height shall be measured from the average grade
line perimetering the building to the top of the main roof cornice
line, excluding necessary utility-type roof structures. Building height
calculations shall not include building service equipment (i.e., mechanical
services, elevator penthouses, condensers, exhaust fans and air-conditioning
and similar equipment) and similar projections; provided, however,
that such projections shall not cover more than 5% of the roof area
and shall be shielded.
[Amended 9-2-2003 by Ord. No. 1156]
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements shall be measured to the building line.
The diameter of a tree trunk measured in inches, measured
six inches above ground level for trees up to four inches in diameter
and measured 12 inches above ground level for trees over four inches
in diameter.
A governmental acquisition of real property or a major construction
project.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the "cartway" is that portion between the curbs. Where there
are no curbs, the "cartway" is that portion of the paved or graded
width.
The portion of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average finished grade of the ground adjoining
the building. A "cellar" shall be counted in floor area ratio computations
if used for business purposes other than for ancillary storage. A
"cellar" shall not be used as a dwelling unit.
A statement signed by the Zoning Enforcement Officer setting
forth that a particular lot or a particular structure may lawfully
be occupied for a specific use or uses.
Information which relates to changing events and/or messages
relating to the structure and use to which a sign relates.
Any facility which is maintained for the care, development
and supervision of six or more children under the age of six, who
attend the facility for less than 12 hours a day, and which offers
such programs as day-care centers, drop-in centers, recreation-type
centers sponsored and operated by a county or municipal government,
centers serving mildly sick children, centers that had not been licensed
by the New Jersey Department of Human Services prior to the enactment
of the Child Care Center Licensing Act of 1984,[2] day nursery schools, play schools, cooperative child centers,
centers for children with special needs, infant-toddler programs,
employment-related centers and/or kindergartens that are not an integral
part of a private educational institution or system offering elementary
education in grades kindergarten through sixth. A "child-care center"
shall not offer programs operated by a public or private day school
of elementary and/or high school grade, special activity programs
for children, youth camps and/or religious classes.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
A private or nonprofit organization for social purposes in
which the principal use is in an enclosed building and no outdoor
sports are involved.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility licensed
pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing
food, shelter and personal guidance, under such supervision as required,
to not more than six developmentally disabled or mentally ill persons
who require assistance, temporarily or permanently, in order to live
in the community, and shall include but not be limited to group homes,
halfway houses, intermediate-care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the Health Care Facilities
Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
As used in this definition, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-27.2, but shall not include a
person who has been committed after having been found not guilty of
a criminal offense by reason of insanity or having been found unfit
to be tried on a criminal charge.
[Amended 10-19-2004 by Ord. No. 1181]
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Zoning
Enforcement Officer. In the event that the application is not certified
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period for action
by the Planning Board or Zoning Board unless the application lacks
information indicated on a checklist adopted by ordinance and provided
to the applicant and the Zoning Enforcement Officer has notified the
applicant, in writing, of the deficiencies in the application within
45 days of the submission of the application. The applicant may request
that one or more of the submission requirements be waived, in which
event the Planning Board or Zoning Board may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as is reasonably necessary to make an
informed decision as to whether the requirements necessary for approval
of the application have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revision
in the accompanying documents so required by the Planning Board or
Zoning Board.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
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 the location or operation of such use
as specified in this chapter.
An easement in favor of the Borough for the purpose of preserving
open space, buffers and/or the natural, scenic, aesthetic or historic
value of land and precluding any building on the premises.
The municipal official specified in the Building Code and
designated as such by the Borough Council responsible for the enforcement
of the State Uniform Construction Code.[3]
Tracts of land which share a common boundary.
Development other than planned development.
A lot fronting on two streets or other public ways at their
intersection.
A composite of the master plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
Any area bounded by three or more attached building walls.
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the foundation and including the area under any roof
extending more than two feet beyond the foundation.
The square footage or other area measurement by which all
buildings and impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s), such as surface areas,
walkways, patios and plazas. All surfaced parking areas and driveways,
all required parking areas which are permitted to remain unsurfaced
and all gravel driveways shall be included in the computation of lot
coverage.
A local street with only one outlet and having the other
end for the reversal of traffic movement.
A structure designed to convey a watercourse not incorporated
in a closed drainage system under a road or pedestrian walk.
A vertical or sloping edge of a roadway with a height of 10 inches or 18 inches. See also barrier curb and mountable curb and construction details in § 450-124.
A facility duly licensed by the New Jersey State Department
of Institutions and Agencies for the daytime accommodation of children.
Calendar days.
An appropriation or giving up of property to public use,
which precludes the owner or others under him from asserting any right
of ownership inconsistent with the use for which the property is dedicated.
The partial or total razing or destruction of any landmark
or of any improvement within an historic district.
The number of dwelling units per gross acre of land, including
streets, easements and open space portions of a development.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any excavation or landfill; and any use or change in the use of any
building or other structure or land or extension of use of land for
which permission may be required pursuant to this chapter.
The removal of surface water or groundwater from the land
by drains, grading or other means such as retention or detention basins,
including control of runoff to minimize erosion and sedimentation
during and after construction or development and means necessary for
water supply preservation or prevention or alleviation of flooding.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities or lands 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.
Premises constructed to cater primarily to the motoring public,
whether or not serving pedestrians as well as the automobile trade,
and used for the sale to the public of any product and providing curb
and/or window counter service.
A means of ingress and egress for vehicles to and from a
property.
An establishment which has as a portion of its stock-in-trade
any type of syringe, needle, eyedropper, spoon, pipe, testing kit,
rolling paper or other paraphernalia or appliances designed for or
ordinarily used in smoking, testing, weighing, measuring, injecting,
cooking or sniffing marijuana, cocaine, opium, hashish or other controlled
dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
Dwellings may include but not be limited to the following types:
DWELLING, SINGLE-FAMILYA freestanding detached building on one lot, or within a lot held in common ownership, serving one family.
DWELLING, TWO-FAMILYA freestanding detached building on one lot, or within a lot held in common ownership, serving two families, with private exterior entrances to each dwelling.
DWELLING, SEMIDETACHEDA freestanding detached building on one lot, or within a lot held in common ownership, serving up to four families, with private exterior entrances to each dwelling and, in general, having the exterior appearance of a single-family dwelling (e.g., duplex, triplex or quadplex dwelling types).
DWELLING, MULTIFAMILYA building or portion thereof used or designed as a residence for three or more dwelling units, including garden apartment and mid-rise apartment projects.
DWELLING, GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership.
DWELLING, MID-RISE APARTMENTThree or more dwellings located within a single building more than four stories high with direct access to a common hallway served by elevators from the ground level.
A group of interrelated rooms or structures intended or designed
for nontransient residential use of one family, separated from other
dwelling units by lockable doors, having access to the outside without
crossing another dwelling and having living and sleeping facilities,
cooking facilities, fixed or portable, and complete sanitary facilities
for the exclusive use of the occupants thereof.
A right to use the real property of another, created by deed
or other legal means, for the benefit of private persons or the public,
for one or more specific purposes, such as access, drainage, conservation,
historic preservation or provision of utility services.
Any public or private educational institution normally subject
to regulations prescribed by the State of New Jersey.
A description and analysis of all possible direct and indirect
effects that development will have on residents and the site itself
as well as adjacent and noncontiguous areas.
To build, construct, attach, place, suspend or affix, and
shall also include the painting of wall signs and the painting of
signs or displays on the exterior surface of a building, structure
or natural surface.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
One place of business or one permanent usage.
Any sign whose sole source of artificial illumination is
outside the display portion of the sign.
Any sign attached to or painted on a building.
One or more persons customarily living as a single housekeeping
unit.
Any private residence approved by the New Jersey Division
of Youth and Family Services or an organization with which the Division
contracts for family day-care in which child-care services are regularly
provided to no fewer than three and no more than five children for
no less than 15 hours per week. A child being cared for under the
following circumstances is not included in the total number of children
receiving child-care services if the child being cared for is legally
related to and resides with the provider.
A structure usually made of posts, boards or rails and serving
as an enclosure, barrier or boundary to access to or from a part or
whole of a property, including walls, screens or hedges intended to
be a natural or man-made fence.
Any establishment servicing motor vehicles with fuel, supplies
and accessories, but not major repairs, including establishments designated
as motor vehicle service stations or gasoline stations.
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a subdivision which
is presented for final approval.
Any structure wherein business of primarily a financial nature
is transacted, such as banks, savings and loans, mortgage companies
and similar institutions.
The relatively flat area or low lands adjoining the channel
of a river, stream, watercourse, canal or any body of standing water
which has been or may be covered by floodwater.
The sum of the gross horizontal areas of the several floors
of a building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings. "Floor area" shall not include:
Roof overhangs less than three feet or any floors
or portions thereof contained on terraces or balconies projecting
beyond the exterior face of the building.
Areas occupied permanently by mechanical equipment.
Any space where the floor-to-ceiling height
shall be less than seven feet, provided that such space shall be used
only for storage, building maintenance and operation activities.
Roofed or enclosed areas devoted exclusively
to off-street parking and loading spaces in excess of the number required
by this chapter.
The aggregate floor area, in square feet, of a building or
group of buildings on a lot divided by the area, in square feet, of
the lot.
Any sign attached to a structure, the sole purpose of such
structure being to support the sign.
Directional, information or public service signs, such as
signs which provide information to motorists and pedestrians, indicating
locations of rest rooms, telephones or similar facilities of public
convenience, and signs located on mechanical dispensing equipment
that identifies its product.
A building or enclosed 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.
A building or enclosed space, other than a private garage,
for the storage of motor vehicles exclusively or for the storage of
motor vehicles at which filling station service, sales of accessories
or repairs, other than body and collision repairs and painting and
refinishing, are permitted. This term does not include motor vehicle
showrooms for new or used motor vehicles.
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
The slope of a road, path, driveway, swale or other surface
or the average finished ground elevation adjoining a building at project
completion.
The lowest point of elevation of the finished surface of
the ground where the sign support structure meets the ground.
Low-growing plants or sod that in time form a dense mat covering
the area in which they are planted, preventing soil from being blown
or washed away and the growth of unwanted plants.
That portion of the Borough fronting on the Black Horse Pike
from New Jersey Avenue to Route 295.
Any building or structure which is historically or architecturally
significant.
A geographically definable area possessing a
significant concentration, linkage or continuity of sites, buildings,
structures and/or objects which, viewed collectively:
Resources within an historic district shall
be classified as either contributing or noncontributing, which are
defined as:
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
Any buildings, structures, sites, objects or districts which
possess integrity of location, design, setting, materials, workmanship
and association and which have been determined, pursuant to the terms
of this chapter, to be:
Of particular historic significance to the Borough
of Haddon Heights by reflecting or exemplifying the broad cultural,
political, economic or social history of the nation, state or community.
Associated with the historic personages important
in national, state or local history.
The site of an historic event which had a significant
effect on the development of the nation, state or community.
An embodiment of the distinctive characteristics
of a type, period or method of architecture or engineering.
Representative of the work of an important builder,
designer, artist or architect.
Significant for containing elements of design,
detail, materials or craftsmanship which represent a significant innovation.
Able or likely to yield information important
in prehistory or history.
The body which, for the purposes of the chapter, acts as
the historic preservation commission as cited in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
[Amended 7-3-2018 by Ord.
No. 1456]
An occupation, conducted in a dwelling unit, which is subordinate
to the residential use and shall not occupy more than 25% of the net
habitable floor area of the principal dwelling, not including the
cellar or basement.
A sign that relates to any business or profession conducted
within a structure whose primary use is residential and the occupant
of that residence conducts the business therein.
A community association, including a condominium association,
which is organized in a development in which individual owners have
a shared interest in open space and facilities.
A building or group of buildings consisting of individual
sleeping units designed for transient travelers and not for permanent
residency.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, in the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under the provisions of this chapter or whose rights
to use, acquire or enjoy property under the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.) or this chapter or under any other law
of this state or of the United States have been denied, violated or
infringed upon by an action or a failure to act under the provisions
of this chapter.
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign.
Includes improvements and fixtures on, above or below the
surface.
A completely planted visual barrier (or having equivalent
natural growth) composed of evergreen plants and trees and/or shrubs
arranged to form both a low-level and a high-level screen.
An area of land restricted to landscape elements which may
include lawns, plantings, natural features, earth berms, sculpture,
lighting, bikeways and pedestrian pathways, but not including motor
vehicle parking extending along the entire lot line(s) where they
are required. The width of a landscape buffer shall be measured at
right angles to the lot line.
An area of land restricted to landscape items, which may
also include such elements as natural features, earth berms, sculpture,
signs, lighting, accessways, bikeways and pedestrian pathways, but
not including motor vehicle parking, extending along the entire lot
line where they are required. The width of a landscape area shall
be measured at right angles to the lot line.
An added roadway lane which permits integration and merging
of slower-moving vehicles with the main stream or slowing down for
vehicles approaching a turn.
Purchase or rental housing which is constructed and kept
available for families or individuals, including senior citizens,
whose incomes range above moderate income levels and up to 150% of
the median income as defined, from time to time, for the Borough by
the United States Department of Housing and Urban Development.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area of a lot taken at its perimeter, exclusive of any
portion within a public or private street right-of-way.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
Each corner lot shall have two front yards, one side yard and one
rear yard, the side and rear yards to be designated at the time of
application for a construction permit.
The length of a line lying midway between and parallel to
side lines or midway between and making equal angles with two converging
side lines, between the point of its intersection with the street
line and the point of its intersection with a rear lot line.
A lot having its full size and area behind another lot and
having access to a street by a right-of-way not less than 50 feet
wide. Such lots known as "rear" or "L-shaped" shall also be defined
as herein.
The straight line distance measured between points where
side lines meet street lines, e.g., the chord of a circle in a cul-de-sac.
In the case of a lot abutting one street only, the edge of
the lot which abuts the street. When a lot abuts two or more streets,
the front of the lot is that abutting side which is so designated
on the lot plan by the Zoning Enforcement Officer; and abutting edges
adjacent to the designated front shall be considered as sides of the
lot. Any other edge abutting a street, which is not a front or side
as above defined, shall also be considered a front.
A lot other than a corner lot.
Any boundary of a lot other than a street line.
A lot, other than a corner lot, which extends from one street
to another, having frontage on both streets.
The distance between the side lines measured parallel to
the front lot line at the minimum front yard setback line.
Housing which, with the appropriate purchase or rental subsidy,
is constructed and kept available for families or individuals, including
senior citizens, whose incomes do not exceed low-income levels as
defined, from time to time, for the Borough by the United States Department
of Housing and Urban Development.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
Any development plan not classified as a minor site plan.
Any hood, canopy, awning or permanent construction which
projects from the wall of a building, usually above an entrance.
Any establishment erected, constructed or used for the purpose
of conduct as defined hereafter under the definition of "sexual conduct."
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28 et seq.
Any development plan which:
Is limited to the proposed construction of any
permitted accessory use(s) other than fences and signs, such as a
home occupation or off-street parking area, as such accessory uses
are specifically permitted in this chapter; or
Consists of an expansion of or addition to or
alteration of an existing conforming structure and/or use not exempted
from site plan review and:
Not accounting for more than 5% additional building
coverage nor 5% additional lot coverage;
Not exceeding more than 2,000 cubic feet of
enclosed and roofed area;
Not involving a planned development; and
Not entailing the installation of any road improvements
or the expansion of public facilities.
The Municipal Land Use Law.[4]
A sign which is not affixed to the building structure or
permanently attached to a freestanding structure.
Housing which, with the appropriate purchase or rental subsidy,
is constructed and kept available for families or individuals, including
senior citizens, whose incomes do not exceed moderate-income levels
as defined, from time to time, for the Borough by the United States
Department of Housing and Urban Development.
A building or group of buildings containing rented rooms
for transients and having access either directly to the outside or
through a common lobby or corridor.
A low curb with a flat slope designed to be crossed easily
without discomfort.
Any traffic lane where traffic movement is the primary, if
not sole, function.
A layer of wood chips, dry leaves, straw, hay, plastic or
other materials placed on the surface of the soil around plants to
retain moisture, to prevent weeds from growing, to hold the soil in
place and to aid plant growth.
Signs relating to a use or facility containing multiple occupancy
and tenancy and displaying the names, professions and interests of
the various tenants.
The Borough of Haddon Heights.
A building or structure, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
a zoning ordinance but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any sign lawfully existing on the effective date of an ordinance,
or any amendment thereto, which is rendered nonconforming by reason
of the adoption, revision or amendment thereof.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Any offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
of activity or use across a property line which can be perceived by
a human being or the generation of an excessive or concentrated movement
of people or things, such as but not limited to noise; dust; smoke;
fumes; odor; glare; flashes; vibrations; shock waves; heat; debris;
litter; trash sites; electronic or atomic radiation; effluent; noise
of a congregation of people, especially at night; vehicular traffic;
transportation of things by truck, rail or other means; invasion of
nonabutting street frontage by parking; the obscuring or masking of
adjacent or nearby property by projecting signs, marquees or canopies;
or any adverse effect on value or desirability of nearby property
caused by such matters as appearance, exposed storage of inoperable
automobiles, junk, materials and neglect or dilapidation of lands
or buildings.
A facility operated for the purpose of providing therein
lodging, board and nursing care to sick, invalid, infirm, disabled
or convalescent persons for compensation and duly licensed by all
governmental agencies.
A thing of functional, aesthetic, cultural, historical or
scientific value that may be, by nature or design, movable yet related
to a specific setting or environment.
A structure where over half the floor area is utilized for
the carrying out of consultation, recordkeeping or clerical work or
as a place where a professional conducts his business.
Two or more office buildings with common parking areas.
A space accommodating any or all of the following: executive,
general corporate and clerical activities, research and consumer product
development connected with service industries, such as financial,
insurance and banking; development of computer software; demographic,
economic and statistical research; and activities of a similar character.
Any sign, symbol or device erected and maintained by a federal,
state, county or local government agency for the purpose of informing
or guiding the public or for the protection of health, safety, convenience
and general welfare as determined by the approving authority.
Located outside the lot lines of the lot or portions of a
lot but within the property, of which the lot is part, which is the
subject of a development application or contiguous portion of a street
or right-of-way or drainage or utility easement.
Any sign located on a lot other than the lot occupied by
the use, event or product which said sign identifies.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way
or drainage or utility easement.
Located on a lot or portion of a lot which is the subject
of a development application.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
Located on the property which is the subject of a development
application or a contiguous portion of a street or right-of-way.
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.
An incorporated, nonprofit organization operating in a planned
development under recorded land agreement, provided that:
Each owner is automatically a member.
Each occupied dwelling unit is automatically
subject to a charge for proportionate share of expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the organization by the Borough.
Each owner and tenant has the right to use the
common property.
A subordinate structure on the same lot as the principal
structure, separate from but accessory to said principal structure,
such as detached garage, carport, greenhouse, work shed and toolshed.
Includes the duly authorized agent, attorney, purchaser,
devisee, fiduciary or a person having vested interest in the property
in question.
An off-street, ground-level area, usually surfaced and improved,
for the temporary storage of motor vehicles.
An area, either within a structure or in the open, for the
parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that nothing shall prohibit
private driveways for dwelling units from being considered off-street
parking areas, provided that no portion of such driveway within the
right-of-way line of the street intersected by such driveway shall
be considered an off-street parking space. The width and length of
each space shall be measured perpendicular to each other, regardless
of the angle of the parking space to the access aisle or driveway.
Any security, in accordance with the requirements of this
chapter, which may be accepted, subject to review and approval by
the Borough Attorney, in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including performance bonds, letters of credit, escrow agreements
and other similar collateral or surety agreements.
Any use of land or buildings as permitted by this chapter.
Any association, partnership, corporation, cooperative group,
trust or other entity as well as an individual.
A continuous open area accessible to the public at all times
and designed to receive maximum sunlight, containing but not limited
to trees and other landscaping, seating, decorative pavement, artwork
and kiosks.
An initial meeting between applicants and/or developers and
municipal representatives which affords applicants and developers
the opportunity to present their proposals informally.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The portion of the building which faces the street which
generates the most vehicular and pedestrian traffic, as determined
by the approving authority.
A street that is not publicly maintained or not intended
to be publicly maintained.
A member of a recognized profession, such as doctors, ministers,
architects, professional engineers, lawyers and such similar professional
occupations, as so designated in Title 45 of the New Jersey Statutes
Annotated. For the purpose of this chapter, an artist, author, barber,
beautician, musician, plumber, electrician or carpenter shall not
be considered a "professional."
The office of a member of a recognized profession or occupation,
including architects, dentists, doctors, lawyers, veterinarians, ministers,
optometrists, engineers, realtors and such other similar professions
or occupations which may be so designated by the Board of Adjustment
upon a finding by such Board that such occupation is truly professional
in character by virtue of the need for similar training and experience
as a condition for the practice thereof and that the practice of such
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone in which it is located to
a greater extent than for the professional activities listed herein.
A display or exhibit cast or reflected upon a wall, screen
or other surface or area, whether for continuous periods or not.
The record holder of title.
Closely regulated private enterprise with an exclusive franchise
for providing a public service.
A sign supported by or suspended from a freestanding column
or columns.
The majority of the full authorized membership of a municipal
agency.
A vehicular-type portable structure, without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including but not limited to travel trailer, trucks, campers, camping
trailers and self-propelled motor homes.
Any work done on any improvement which:
Repairs when a building permit is required for the same.
That portion of the Borough designated as residential on
the Official Zoning Map of the Borough of Haddon Heights.
A development of apartment and/or townhouse residential living
units exclusively for single persons who are 60 years of age or older
or for households with at least one person being 60 years of age or
older, with ancillary and directly related facilities to be primarily
used by the residents of the development, including health-care services,
dining facilities, recreational facilities and other ancillary facilities
deemed appropriate by the reviewing authority and in accordance with
the applicable provisions of this chapter.
Any premises where food is commercially sold for on-premises
consumption to patrons seated at tables or counters. Any facility
making use of carhop or parking lot service to cars or for the consumption
of food to be eaten in said cars or outdoors shall not be considered
a "restaurant" for the purpose of this chapter and shall be deemed
to be a drive-in establishment.
Any retail food establishment, such as a restaurant, refreshment
stand, snack bar, dairy bar or hot dog or hamburger stand, where food
is served primarily for consumption at counters, stools or bars outside
the building or primarily for consumption in automobiles parked on
the premises or off the premises, whether brought to said automobiles
by the customer or by employees of the restaurant, regardless of whether
or not additional seats or other accommodations are provided for customers
inside the building; however, no transaction may be made on the street
or sidewalk.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off the premises.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
The boundary lines of land used or intended for use as streets,
as shown on deeds, plats or the Master Plan, and from which yard and
other requirements shall begin.
Any sign erected, constructed or maintained upon or over
the roof of the building with its principal support on the roof structure.
A dwelling wherein furnished rooms without meals are rented
for valuable consideration. Rooming houses are prohibited in all zoning
districts.
Flagellation or torture by or upon a human being who is nude
or clad in undergarments or in revealing or bizarre costumes or the
condition of one who is nude or so clothed and is being fettered,
bound or otherwise physically restrained.
Any public or private institution offering instruction for
students up to and through the secondary level.
Housing within which residency shall be restricted to permanent
residents of the age 62 years and over except for the spouse and one
child 18 years or more of age of a qualifying resident.
An area extending the full width of the lot between the street
right-of-way and the required yard within which no buildings or parts
of buildings may be erected.
A line drawn parallel with a street line or proposed street
line or lot line and drawn through the point of a building nearest
to the street line or lot line. The term "required setback" means
a line that is established a minimum horizontal distance from the
street line or proposed street line or lot line and beyond which a
building or part of a building is not permitted to extend toward the
street line or lot line.
Human masturbation, sexual intercourse or any touching of
the genitals, pubic areas or buttocks of the human male or female
or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
A tree in a public space, street, special easement or right-of-way
adjoining a street.
A tract of land with buildings or structures planned as a
whole and intended for three or more retail establishments, with accessory
parking and loading on the same site.
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
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 symbol, device, image, poster, flag, banner, billboard,
awning or design used for advertising purposes attached to, erected
on or otherwise maintained on or in any premises containing any word,
letters or parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names or trademarks by which anything is made
known, such as are used to designate an individual, a firm, an association,
a corporation, a profession, a business or commodity or product, which
is visible from any public highway and is used to attract attention.
The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A site may also be the location
of a ruined building, structure or object if the location itself possesses
historic, cultural or archaeological significance.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not limited to topography, vegetation, drainage,
floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
A rough layout of a proposed land development of sufficient
detail, clarity and accuracy to be used for discussion prior to submission
of a preliminary plat.
A mixture of portland cement and locally available soil.
It serves as a soil stabilizer.
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breasts below a point immediately
above the top of the areola or human genitals in a discernibly turgid
state, even if covered.
Human genitals in a state of sexual stimulation or arousal;
any act of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttock
or female breasts.
Turf or earth (soil) strengthened usually by the mixing of
cement or lime with the original material to achieve increased strength,
thereby reducing shrinkage and movement.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
That portion of a building located between the surface of
any floor and the next floor above it or, if there is no floor above
it, then the space between the floor and the ceiling next above it.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a planning board and
the grant to such board of the power to review plats; and which is
included the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
Man-made, aboveground items that are usually found in street
rights-of-way, including benches, plants, canopies and shelters.
The mechanical and utility systems within a street right-of-way,
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use and residential
quality.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
The molding, battens, cappings, nailing strips, latticing,
platforms and letters, figures, characters or representations in cut
out or irregular form which are attached to the sign structure.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
A portion of a street for which an extension has been proposed
and approved. It may be permitted when development is phased over
a period of time, but only if the street in its entirety has been
approved in the preliminary plan.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
A division of land found by the Planning Board
to be for agricultural purposes when all resulting parcels are five
acres or more in size.
Divisions of property by testamentary or intestate
provisions, provided that the division is in conformity with the applicable
ordinance requirements.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the Zoning Enforcement Officer
to conform to all requirements of the Borough of Haddon Heights municipal
development regulations and which are shown and designated as separate
lots, tracts or parcels on the Tax Map or atlas of the Borough of
Haddon Heights.
The term "subdivision" shall also include the
term "resubdivision."
Any division of land not classified as a minor subdivision.
Any division of land containing an aggregate of two lots
(one new lot and the remaining parcel), each fronting on an existing
street or streets; not involving any new street or the installation
of any street improvements or the extension of Borough facilities;
not involving any streets requiring additional right-of-way width
as specified in the Master Plan or Official Maps and/or the street
requirements of this chapter, unless such additional right-of-way
width, either along one or both sides of said street(s), as applicable,
shall be deeded to the Borough or to the appropriate governmental
authority prior to classification as a "minor subdivision"; not involving
any required off-tract improvements; not adversely affecting the development
of the remainder of the parcel of adjoining property; not being a
further division of an original tract of land for which previous subdivision(s)
have been approved by the Borough within the current calendar year
and where the combination of the proposed and previously approved
minor subdivision(s) constitute a major subdivision; not involving
a planned development; and not being deficient in those details and
specifications required of minor subdivisions as specified in this
chapter. The original tract of land shall be considered any tract
in existence at the time of the adoption of this Land Development
Ordinance as shown on the Borough Tax Maps. Any readjustment of lot
lines resulting in new lots shall be classified as a "minor subdivision"
for purposes of the application submission and review requirements
but not for purposes of counting whether there has been a subdivision
within the current calendar year.
As defined in Haddon Heights Chapter 407, "An Ordinance to Regulate the Construction and Operation of Private Swimming Pools," adopted May 17, 1968, and any amendment thereto hereafter adopted. "Swimming pool" presently means and includes any private swimming pool, tank or other device which is artificially constructed to provide outdoor recreational facilities for swimming, bathing or wading, whether of permanent construction or portable in nature, upon any premises, for the use of the occupants of said premises and their guests, which has a depth at any point in excess of 15 inches or a capacity of 300 gallons or more, and whether said pool is below ground, above ground level or partly above and partly below ground level.
[Amended 10-19-2004 by Ord. No. 1181]
A sign which is erected for a limited period of time, as
provided in this chapter.
An indoor facility designed and intended for live dramatic,
cultural or other similar events.
An indoor facility designed and intended for the showing
of movies on a fixed screen.
The original upper layer of soil material to a depth of six
inches, which is usually darker and richer than the subsoil.
The purpose for which land or structure(s) is arranged, designed
or intended or for which either land or structure(s) is or may be
used, occupied or maintained.
The main or primary purpose or purposes for which land and/or
structure(s) or use therefor is designed, arranged or intended or
for which they may be occupied or maintained under this chapter. All
other structures or uses on the same lot and incidental or supplementary
thereto and permitted under this chapter shall be considered accessory
uses.
Permission granted to an applicant for the development by
the Planning Board or the Zoning Board of Adjustment,[5] as the case may be, to depart from the literal requirements
of the zoning provisions of this chapter.
Any sign permanently or temporarily attached to a nonoperating
vehicle, including but not limited to a car, truck, van or bus.
A ground area, unoccupied space open to the sky, except for
permitted fences, garden walls, plantings and accessways, and that
portion of any lot extending inward from the lot or street line for
the distance required by the district within which the lot is located.
A ground area, unoccupied except for planting and/or accessways,
fully open to the sky, between the street line and a line drawn parallel
thereto along the front of the building, extending from lot line to
lot line.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
A ground area, unoccupied except for plantings and/or accessways,
fully open to the sky, between the rear lot line and a line drawn
parallel thereto along the rear of the building extending from lot
line to lot line.
Any yard measured between a line drawn parallel to a street
or lot line at a distance therefrom equal to the respective yard dimension
required by this chapter.
A ground area, unoccupied except for permitted fences, garden
walls, planting and/or accessways, fully open to the sky, between
any lot line other than a street or rear lot line and a line drawn
parallel thereto along the side of the building, between the front
and rear yards.
The Zoning Board of Adjustment as established under this
chapter.[6]
A finite area of land, as designated by its boundaries on
the Zoning Map, through which specific and uniform regulations govern
the use of land and/or the location, size and use of buildings.
The municipal official appointed by the Borough Council to
carry out the literal provisions of the Zoning Ordinance.
The map annexed to and made part of this chapter, indicating
zoning districts.
A document signed by the administrative officer which either:
Is required by ordinance as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
or
Acknowledges that such use, structure or building
complies with the provisions of the Municipal Zoning Ordinance or
variance therefrom duly authorized by a municipal agency pursuant
to N.J.S.A. 40:55D-60 and 40:55D-70.
