Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A separate, subordinate structure on the same lot with a
principal structure and devoted exclusively to an accessory use.
ACCESSORY USE
A use naturally and normally incident and subordinate to
the principal use of a structure or lot.
ADULT
Any person or persons who have attained the age of 18 years.
ADULT BOOKSTORE AND/OR GIFT STORE
An establishment having as a substantial or significant portion
of its stock-in-trade gifts, devices, books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas (as defined herein) and limiting the sale
of such sexual material to adults.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
(as defined herein) for observation by patrons.
AFFORDABLE HOUSING UNIT
A dwelling unit designated and deed restricted for occupancy
by a qualified low- or moderate-income household for a specified number
of years meeting the requirements of the New Jersey Council on Affordable
Housing (COAH).
ALTER
To change the supporting members of a structure to add to
or reduce the size of a structure, to change the use from that permitted
in one zone to a use permitted in another, to convert a structure
or a part thereof or to move a structure from one location to another.
AREA OF SOLAR ARRAY
The area of the smallest encompassing square, rectangle (or
other geometric figure) of a ground-mounted solar array.
[Added 12-13-2011 by Ord. No. 11-12]
BASEMENT
A portion of the building partly underground, but having
less than 1/2 of its clear height below the average grade of the adjoining
ground. (See "cellar.")
BUILDING
Any structure having a roof supported by columns or walls
and intended for shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind or nature.
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
COAH
The New Jersey Council on Affordable Housing.
CELLAR
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade or adjoining
ground. (See "basement.")
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official upon completion
of construction, alteration or change in occupancy or use of a building.
[Amended 6-22-2004 by Ord. No. 04-15]
CHURCH
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship or religious education.
For the purpose of this chapter, the word "church" shall include chapels,
congregations, cathedrals, temples and similar designations, as well
as parish houses, convents and such accessory uses.
CLUB, NONPROFIT
A building used to house a social, fraternal or service organization
or club not organized or conducted for profit and which is not adjunct
to or operated by or in conjunction with a public tavern, cafe or
other place of business.
CLUSTER DEVELOPMENT
The permitted reduction in lot sizes and lot area requirements
in major subdivisions in which the density requirement (dwelling units
per acre) is maintained and where all resulting open land within said
subdivision is deeded to the Borough of Alpha for public purposes
or reserved as permanent open space.
COMMERCIAL VEHICLES
Commercially licensed vehicles of any kind, except passenger
cars and station wagons which do not have commercial advertising,
lettering, signs or names and addresses on the exposed portions thereof,
provided that the word "signs" does not apply to the usual trademarks
or labels of the manufacturer or dealer. The term "commercial vehicles"
shall also include school buses and omnibuses. The definition of the
terms in this section relating to motor vehicle types shall be as
provided in N.J.S.A. 39:1-1.
CORNER LOT
A lot at the junction of and having frontage on two or more
intersecting streets.
DENSITY, GROSS
The total number of dwelling units existing or permitted
on a tract divided by the total area of the tract. The result is expressed
as dwelling units per acre.
DENSITY, NET
The total number of dwelling units within a designated portion
of a tract divided by the total land area of the designated portion
of the tract, including the open space, roadways, parking areas and
common facilities devoted exclusively to that portion of the tract.
The result is expressed as dwelling units per acre.
DWELLING, ONE-FAMILY ATTACHED
A one-family dwelling connected to at least one other one-family
dwelling by common wall(s), trellis(es), patio(s), garage(s), or the
like, in which each unit has its own direct access to the outside
and no unit is located over another unit.
FAMILY
One or more persons living privately as a single housekeeping
unit and using cooking facilities in common and not under a normal
landlord-tenant relationship.
FARM
Any parcel of land which is used for gain in the raising
of agricultural products, including crops, livestock, poultry or dairy
products.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with and necessary to the operation of the farm as
defined by this section. The term "farm building" shall not include
a dwelling located on a farm.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
FLOOR AREA, TOTAL
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said area shall be measured between the outside
faces of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space or accessory building space.
GARAGE, PRIVATE
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
GROUND-MOUNTED SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
on armatures anchored to the ground with ground cover beneath.
[Added 12-13-2011 by Ord. No. 11-12]
HEIGHT OF BUILDING
The vertical distance measured from the average finished
grade level immediately adjacent to the building foundations to the
extreme high point of the building, exclusive of parapet walls not
exceeding four feet in height for structures with a flat roof, church
steeples and spires, chimneys, antennas, farm silos, solar panels,
HVAC systems, and similar fixtures.
[Amended 11-24-2020 by Ord. No. 2020-15]
HOME OCCUPATION
A permitted commercial activity conducted entirely within
a dwelling unit or permitted accessory structure thereto conducted
by members of the family residing therein; which is clearly incidental
and accessory to the residential use of the dwelling in a residential
zone, does not change the residential character of the dwelling or
lot thereon and is in accordance with the provisions of this chapter.
HOTEL or MOTEL
An establishment providing lodging and usually meals for
the general public, especially transient guests. It may include such
uses incident to the operation as follows: rest rooms, offices, meeting
rooms, restaurants, cocktail lounges, beauty parlors, barbershops,
apparel stores, confectionery shops and the like. Such incidental
uses shall be conducted solely within the primary building.
HOUSING OFFICER
The Clerk of the Borough of Alpha and/or any entity designated
by the Borough Council to act as the agent of the Borough Clerk in
managing the occupancy of the affordable housing units created in
the Borough of Alpha.
INSTITUTIONAL USE
A nonprofit public, private or quasi-public use such as a
church, school, library, hospital, club, lodge and fraternal, civic,
service or charitable organization.
LAND USE BOARD
The Board established by ordinance empowered to hear land
use applications. This shall be either the Planning Board, Board of
Adjustment or a combined Planning Board and Board of Adjustment.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of the lot included in a public street right-of-way
shall not be included in calculating lot area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
That percentage of the lot area which is devoted to building
coverage.
LOT WIDTH
The least continuous horizontal distance between the side
lot lines measured at the distance from the street line which establishes
the minimum required front yard. On corner lots, the lot width shall
be measured between a street line and the opposite side lot line.
LOW INCOME
Less than 50% of the median income for the region for households
of a specified size, as currently approved by COAH.
MANUFACTURING
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
MODERATE INCOME
Fifty percent to 80% of the median income for the region
for households of a specified size, as currently approved by COAH.
MOTOR VEHICLE SERVICE ESTABLISHMENT
A building or use which is designed or intended to be used
for the storage, servicing, repair, maintenance or cleaning of motor
vehicles or other automotive equipment.
MOTOR VEHICLE SERVICE STATION
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and lubricating oil, regardless of any other
business on the premises, which business may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
not including facilities for body repair work or painting.
NEIGHBORING PROPERTIES
All properties, lots or portions thereof that are directly
adjacent to a lot by means of a common lot or boundary line; or any
property, lot, projected lot or boundary line, or portion thereof,
that fronts onto opposite sides, measured at 90°, of a common
street right-of-way or easement line.
NONCONFORMING BUILDING
A building, 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 reasons of such adoption, revision or amendment.
[Amended 6-22-2004 by Ord. No. 04-15]
NONCONFORMING LOT
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.
[Added 6-22-2004 by Ord. No. 04-15]
NONCONFORMING USE
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 reasons of such adoption, revision or amendment.
[Amended 6-22-2004 by Ord. No. 04-15]
OFFICE
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative and executive purposes, as distinguished from a
shop or store.
OFF-STREET LOADING SPACE
An accommodation for the off-street parking of a commercial
vehicle for the purpose of delivery to or receipt from a building
of goods and materials and having a width of at least 12 feet, a length
of at least 50 feet and a clearance above grade of at least 14 feet.
OFF-STREET PARKING AREA
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use whether for
a fee or as a service or privilege for clients, customers, suppliers
or residents.
OFF-STREET PARKING SPACE
The off-street parking area for one motor vehicle. Such parking
space shall have an area of not less than 200 square feet, exclusive
of access drives or aisles, shall be a minimum of 10 feet in width
measured perpendicular to the axis of the length and shall have adequate
provision for ingress and egress on the property.
PRINCIPAL BUILDING
A structure arranged, adapted or designed for the predominant
or primary purpose for which a lot may be used.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
A tract with a minimum contiguous acreage of 20 acres or
more to be developed as a single entity according to a plan showing
one-family or multifamily residential units, or both, and meeting
the requirements of this chapter.
QUASI-PUBLIC
An agency or body which is defined by one of the following:
(1)
An organization either not-for-profit or for-profit
that is created by the State of New Jersey, any political subdivision
or agency including any special district or authority or unit of local
government to perform a public purpose.
(2)
An organization organized not-for-profit which
serves an eleemosynary purpose such as a church, charitable organization,
hospital organization or other similar organization.
REGION
The housing region for Alpha Borough established by the Council
on Affordable Housing.
RESIDENTIAL SITE IMPROVEMENT STANDARDS
The "Residential Site Improvement Standards" adopted by the
Department of Community Affairs and published as New Jersey Administrative
Code Title 5, Chapter 21.
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building.
RESTAURANT, DRIVE-IN
An establishment where patrons are served soft drinks, ice
cream and other food products for consumption outside the confines
of the principal building or in automobiles parked upon the premises,
regardless of whether or not, in addition thereto, seats or other
accommodations are provided for the patrons.
ROOFTOP SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
to roof of a building or structure.
[Added 12-13-2011 by Ord. No. 11-12]
SENIOR CITIZENS HOUSING
Housing designed, set aside and restricted for occupancy
only by households in which at least one member is 62 years of age
or older.
SIGN
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons, company, corporation, service
or product, when the same is placed, erected, attached, painted or
printed, whether inside or outside the building, where it may be viewed
from the outside of any structure on the premises where placed.
SIGN AREA MEASUREMENT
The area of any sign shall be computed as the product of
the largest horizontal width and the largest vertical height of the
lettering, illustration, display or background. This shall not be
construed to include the supporting members of any sign which are
used solely for such purpose. If the letters, illustration, display
or background are attached directly to the face of a building, the
height or width of the sign shall be the height or width of the largest
letter, illustration, display or background, whichever is the greater.
For signs with two display faces which are mounted back-to-back, the
maximum area requirement shall be permitted on each side. Signs with
more than two display faces are prohibited.
SIGN, IDENTIFICATION
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
SIGN, TRAFFIC CONTROL
Any sign which is used to direct or control traffic flow
on or around a site. Traffic control signs shall be of a size and
shape conforming to the "Manual on Uniform Traffic Control Devices."
Traffic control signs shall not contain any company logos, trademarks
or distinctive lettering.
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 12-13-2011 by Ord. No. 11-12]
SOLAR PANELS
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 12-13-2011 by Ord. No. 11-12]
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered human
genitals, pubic region, buttocks and female breasts below a point
immediately above the top of the areola.
(2)
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation
or arousal.
(2)
Acts of human masturbation, sexual intercourse
or sodomy.
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttocks or female breasts.
STORE, RETAIL
A building or part thereof in which or from which merchandise
or services are furnished directly to the public.
STORE, WHOLESALE DISPLAY
A building or part thereof where merchandise is displayed
for sale and sold at wholesale, but where no goods, wares, merchandise
or material is warehoused.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
STORY, HALF
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A basement
shall also be included as a half story.
SWIMMING POOL, PRIVATE
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
TRACT
An area of land composed of one or more contiguous lots having
sufficient area to meet the requirements of this chapter for the use(s)
permitted. For the purposes of computing the tract area and gross
density of a development in the AH Zone, a tract shall consist only
of that land which is located wholly within the AH Zone.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
UTILITIES
Those services customarily rendered by public utility corporations,
municipalities or municipal authorities, to include, but not necessarily
limited to, electricity, gas, telephone, water and sewage and the
appurtenances used in connection with the supplying of such services,
including but not necessarily limited to buildings, wires, pipes and
poles.
UTILITY
Any land use or activity under exclusive or public franchise
or under closely regulated operation or under certificate of convenience
and necessity, providing the public with electricity, gas, heat, steam,
communication, rail transportation, water and sewage or as defined
in N.J.S.A. 48:2-12 as a public utility and regulated by the New Jersey
Board of Public Utilities but specifically excluding solid waste collection,
treatment and/or disposal.
WAREHOUSE
A building used for the temporary storage of goods, materials
or merchandise for later or subsequent distribution or delivery elsewhere
for purposes of processing or sale.
YARDS
(1)
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
(2)
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
(3)
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot.
ZONING OFFICER
The officially established Zoning Enforcement Officer of
the Borough of Alpha.