Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. The
word "building" includes all other structures of every kind regardless
of similarity to buildings; and the phrase "used for" shall include
the phrases "intended for," "maintained for" and "occupied for."
As used in this chapter, the following terms
shall have the meanings indicated:
Those drives leading to and from the interior roads and parking
areas.
The term applied to a building or use which is clearly incidental
or subordinate to the principal building or use and located on the
same lot with such principal building or use. Any accessory building
attached to a principal building is deemed to be part of such principal
building in applying the bulk regulations to such accessory building.
A change or rearrangement in the structural parts or in the
existing facilities or an enlargement, whether by extending on a side
or by increasing in height, or the moving from one location or position
to another.
Shops of special trade, including the small-scale manufacturing,
compounding, assembly, processing, packaging or similar treatment
of such products as: baked goods, candy, ceramics, pottery, china,
weaving and other textile arts, painting, woodworking and other artistic
endeavors and similar trades. Retail sales on the premises of products
made on the premises are required.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
A building or premises where automobiles are washed either
by automatic equipment or by hand.
A projection from a vertical surface providing support under
cornices, balconies, window frames, etc. They can be structural or
decorative.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
Any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or movable property of any kind, and
which has a roof and is permanently affixed to the land.
[Amended 12-6-2021 by Ord. No. 1426]
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the first story of the principle
building on a lot to the total lot area. Accessory structures attached
to the principle structure shall be excluded from the calculation
of building coverage.
[Added 12-6-2021 by Ord. No. 1426]
A building surrounded by open space on the same lot.
A building separated on all sides from the adjacent open
space, or from other buildings or other structures, by a permanent
roof and by exterior or party walls, pierced only by windows and normal
entrance or exit doors.
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 deck line of a mansard roof
and to the midpoint below the highest peak on a gable, sloped or hip
roof.
[Amended 12-6-2021 by Ord. No. 1426]
A nonaccessory building in which a principal permitted use
of the lot on which it is located is conducted.
The volume and shape of a building or of a nonbuilding use
in relation to lot lines, center lines of streets, other buildings
and all open spaces appurtenant to a building or a nonbuilding use.
That part of a building or nonbuilding use which does not
conform to one or more of the applicable bulk regulations prescribing
the maximum floor area ratio, maximum height per foot of distance
from each lot line, length, or height of a building or nonbuilding
use, or the minimum lot area per dwelling unit, lot frontage, yards,
courts, required spacing between detached buildings on the same lot
and usable open space on the lot for the district in which such building
or nonbuilding use is located.
A projecting ornamental molding along the top of a building
or wall.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
A continuous horizontal cornice feature that provides a vertical
break within the facade and/or defines the roofline along the top
of the building.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
That percentage of the plot or lot area covered by the building
area.
The combined area of all buildings and other above-grade
structures on a lot, including but not limited to porches, decks,
balconies and cantilevered parts of the building at any level, but
excluding, however, cornices, eaves and other structures which are
specifically excluded by this chapter.
[Added 12-6-2021 by Ord. No. 1426
Those establishments which sell food outside the confines
of a building to persons in motor vehicles, but shall not preclude
drive-through windows where the retail business may be conducted through
a window or other aperture of the building to persons in motor vehicles
as an adjunct to the retail business conducted within the building,
but where, however, consumption of the food thereby dispensed shall
not be permitted on the premises upon which the building is located.
In order to meet the definitional requirement of this subsection,
an applicant for the drive-in facility shall attach to the application
an affidavit representing that consumption of the food thereby dispensed
shall not be permitted on the premises on which the building is located.
The applicant shall further include with the affidavit a statement
that if the building permit is issued for a facility which includes
drive-through windows, the owner of the property on which the facility
is located will cause to be filed in the office of the Register of
Deeds of Passaic County an appropriate restriction which shall be
binding upon all purchasers and successors in title.
A building or portion thereof, but not an automobile house
trailer, designed or used exclusively for residential occupancy, including
one-family dwellings, two-family dwellings, and multiple-family dwellings,
but not including hotels.
A building, or portion thereof, containing three or more
dwelling units.
A building designed or used exclusively for occupancy by
one family and including one-family detached dwellings and group houses.
A building designed or used exclusively for occupancy by
two families.
One or more rooms in a residential building which are arranged,
designed, used or intended for use as living quarters for one family.
[Amended 12-6-2021 by Ord. No. 1426]
The grant of a property right requiring that the described
land will remain in its existing natural state in perpetuity.
[Added 12-6-2021 by Ord. No. 1426]
Land required for the installation of stormwater sewers or
drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
[Added 12-6-2021 by Ord. No. 1426]
Persons living together as a single nonprofit housekeeping
unit, living and cooking together, whose relationship exhibits a kind
of stability, permanency and functional lifestyle which is equivalent
to that of the traditional family unit, as distinguished from fraternities
and sororities, societies, clubs, associations, lodges, halfway houses,
shelters and other forms of specialized communal living of a transient
nature.
See "motor vehicle service station."
The area designated by FEMA and shown on the most current
Flood Insurance Rate Map (FIRM) to be in a special flood hazard area.
[Added 5-21-2012 by Ord. No. 1156]
The height of expected flood levels above mean sea level
(per North American Vertical Datum 1988) for a particular location
as shown on the most current FIRM maps by FEMA.
[Added 5-21-2012 by Ord. No. 1156]
The residential development area designated by FEMA FIRM
maps as special flood hazard areas which shall overlay all zoning
boundaries within the Township.
[Added 5-21-2012 by Ord. No. 1156]
See "gross floor area."
The ratio of a building's gross floor area to the area of
the lot on which the building is located.
[Amended 8-10-2015 by Ord. No. 1224; 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
The width of the building's primary facade measured at the
maximum permitted front setback as a percentage of the width of the
front street property line.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is rented to
a nonresident of the premises.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repairs,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
The sum of the gross horizontal area of all floors of a building
and its accessory buildings (on the same lot). Gross floor area does
not include cellars, basements, attic space having a floor-to-ceiling
height less than seven feet, exterior balconies, uncovered steps,
or inner courts, but the area under roofed porches and roofed terraces
shall be included. All dimensions shall be measured between exterior
faces of walls.
[Amended 8-10-2015 by Ord. No. 1224; 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
The first story of the principle building other than a cellar
or basement measured from the exterior surface of the exterior walls.
[Added 12-6-2021 by Ord. No. 1426]
A permitted commercial activity conducted entirely within
a residential dwelling unit and conducted by members of the family
residing therein with no more than one employee, unless otherwise
prohibited. The occupational use shall be clearly incidental and accessory
to the residential use of the dwelling in a residential zone, does
not change the residential character of the dwelling and is in accordance
with the provisions of this chapter, unless otherwise prohibited.
A building which has a common entrance or entrances and contains
living and sleeping accommodations for 10 or more persons, for hire.
A hotel which contains dwelling units, or dwelling units
and lodging rooms, and in which at least 50% of the gross floor area
devoted to residential use shall be allocated to such dwelling units.
The building area plus the area of any impervious surfaces,
including walks, driveways, patios, above and below ground swimming
pools, steps, decks, and any other area that has been compacted or
covered with a layer of material so that it is highly resistant to
infiltration by water.
The coverage by all buildings and other above-grade structures
on a lot as defined by this chapter, plus the coverage of any other
structures, including but not limited to driveways, sidewalks, patios,
deck, swimming pools, tennis courts, parking areas and other paved
areas, whether constructed of asphalt, concrete, brick, stone, gravel
or other paving materials susceptible to impaction, but excluding
structures, or portions of structures, that are located below the
surface of the ground and which are not visible from above the surface
of the ground. (Thus, subsurface structures such as dry wells, underground
tanks, etc., are excluded from such coverage, whereas swimming pools,
which may be located below the surface of the ground, but which are
visible from above the surface of the ground, are not excluded.) This
definition is intended to include all man-made features except vegetation,
organic mulch, soil (including soil retained by retaining walls) and
structures that may be specifically excluded by this chapter.
[Added 12-6-2021 by Ord. No. 1426]
An area of land with or without buildings used or occupied
for the deposit, collection or the storage outside of a completely
enclosed building of used and discarded materials such as waste paper,
rags or scrap metal, used building materials, house furnishings, machinery,
vehicles, or parts thereof, etc., with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
A deposit or the storage on a lot of two or more wrecked or broken
down vehicles or parts of two or more such vehicles for one month
or more in a residential district or for three months or more in any
other district in the Township shall be deemed to be a junkyard.
One or more contiguous parcels of land united by a common
interest or use considered as a unit, occupied by a principal building
or use and its accessory buildings and uses, if any, including the
open spaces of such unit of land. It may or may not coincide with
the deed description thereof or the boundaries of the same as shown
on the Tax Assessment Map of the Township or a map filed for record
or otherwise.
A lot fronting on two or more streets at their intersection.
The minimum front yard setback shall be maintained on both frontages.
[Added 12-6-2021 by Ord. No. 1426]
The average distance measured from the front lot line to
the rear lot line.
[Amended 12-6-2021 by Ord. No. 1426]
The horizontal distance measured along the full length of
the front lot line.
A boundary line of a lot.
That boundary of a lot which is along an existing or dedicated
public street or, where no public streets exist, is along a public
way. The front yard for a corner lot shall be the longer dimension
of the lot unless relief is granted by the Planning Board.
That boundary of a lot which is most distant from and is
most nearly parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
A lot that fronts on two parallel streets or that front on
two streets that do not intersect at the boundaries of the lot. When
determining the street frontages, the applicant shall designated the
front of the structure, and then the opposite yard shall be considered
the rear yard.
[Added 12-6-2021 by Ord. No. 1426]
The horizontal distance between the sides of a lot measured
at the right angles to its depth along a straight line parallel to
the front lot line at the minimum required setback line.
[Amended 12-6-2021 by Ord. No. 1426]
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
[Added 10-17-2016 by Ord.
No. 1246]
A building of two or more stories comprised of retail/commercial/office
located on the ground floor and other permitted uses on the upper
floors. The TV-CBD and TV-MD shall only permit residential uses on
upper floors.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, dry
cleaning or otherwise cleaning or servicing such motor vehicles.
A use, generally a principal permitted use of land, to which
the buildings on the lot, if any, are accessory, such as an advertising
sign, trailer camp, or an open storage yard for materials or equipment
and on which the buildings, if any, may be used for processing the
materials stored in such yard, for storage of the more valuable equipment
and materials than that generally stored in the open, or as an office
or place of shelter for the keeper of the yard.
A structure which conforms to the use regulations of this
chapter but which violates one or more of the applicable bulk regulations;
also a structure which occupies a lot which does not meet one or more
of the requirements regarding off-street parking or loading, fences,
walls or signs.
Any use of land, buildings, or structures which does not
comply with all the regulations of this chapter governing use for
the zoning district in which such use is located.
An individual or entity that intends to own and operate the
small wind energy system in accordance with this section.
[Added 10-17-2016 by Ord.
No. 1246]
A building, or portion thereof, designed exclusively for
the purpose of short-term parking or storing of automobiles and not
for automobile repairs or service work. This does not include residential
garages utilized in single-family detached or townhome uses.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
Shall reference the definition of "parking deck."
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
An off-street space accessible and available for the parking
of one motor vehicle and having dimensions of at least 10 feet by
20 feet, or as otherwise provided in the Residential Site Improvement
Standards. In computing the number of spaces in any given parking
area, a total of 300 square feet, inclusive of passageways and aisles,
shall be used, or as otherwise provided in the Residential Site Improvement
Standards.
Shall reference the definition of "parking deck."
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards, and glare
or heat generated by or inherent in uses of land or buildings.
Specialized services purchased frequently by the consumer,
including barbershops, beauty shops, spas, laundry cleaning, tailoring,
shoe repair, and other similar establishments.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
The Board duly appointed by the governing body to serve in
accordance with the provisions of the Municipal Land Use Law and having
all of the rights conveyed in this code to serve in such capacity.
This refers to New Jersey Administrative Code Title 5, Chapter
21, entitled "Residential Site Improvement Standards," as promulgated
by the Commissioner of the Department of Community Affairs pursuant
to the authority of Public Law 1993, Chapter 32 (N.J.S.A. 40:55D-40.1
et seq.), and commonly referred to as the "RSIS standards." All references
shall be to latest issue unless otherwise noted.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
[Added 10-17-2016 by Ord.
No. 1246]
Joint utilization of a parking area for more than one use,
either on site or between nearby properties, through a dedicated arrangement
(if possible), in order to fulfill their individual parking requirements
because their peak-period parking demands, such as entertainment and
office uses, do not overlap.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
A wind energy system that is used to generate electricity
and has a nameplate capacity of 100 kilowatts or less.
[Added 10-17-2016 by Ord.
No. 1246]
An energy system which converts solar energy to usable thermal,
mechanical, chemical or electrical energy through the use of a solar
panel or solar panel array and associated equipment.
[Added 10-17-2016 by Ord.
No. 1245]
A photovoltaic panel, or solar shingle or hot air or water
panel collector device, which relies upon solar radiation as an energy
source for the generation of electricity or transfer of stored heat.
[Added 10-17-2016 by Ord.
No. 1245]
A collection of multiple solar panels mounted or arranged
together, providing energy to the same primary user, as part of a
solar energy system.
[Added 10-17-2016 by Ord.
No. 1245]
That portion of a building included between the surface of
any floor and the surface of the floor next above, or if there is
no floor above, the space between the floor and the ceiling next above.
A basement shall be counted as a story for the purpose of this chapter
when the basement ceiling is greater than five feet above the average
grade.
[Amended 12-6-2021 by Ord. No. 1426]
Habitable space under a sloping roof that has the line of
intersection of the roof and the wall face not more than three feet
above the floor level and in which the possible floor area with headroom
of 6.5 feet or more occupies no more than 50% of the total floor area
of the story directly beneath.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
An existing state, county or municipal road, or a street
shown upon a plat approved by the Planning Board of the Township,
or a street on a plat duly filed and recorded in the office of the
County Clerk prior to the creation of such Planning Board and the
grant to such Planning Board of the power to approve plats.
The streetscape is composed of travel lanes for vehicles
and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians,
as well as the visible private frontages (building facades and elevations,
porches, yards, fences, awnings, etc.), and the amenities of the public
frontages (street trees and plantings, benches, streetlights, etc.).
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
[Added 10-17-2016 by Ord.
No. 1246]
The highest point above the main roof structure, not including
architectural features such as a chimney, cupola and similar type
features, reached by a rotor blade in the vertical position, or any
other part of the structure.
[Added 10-17-2016 by Ord.
No. 1246]
A monopole, freestanding, or guyed structure that supports
a wind generator.
[Added 10-17-2016 by Ord.
No. 1246]
A development approach characterized by higher density, mixed
uses, a safe and attractive pedestrian environment, reduced surface
parking, and direct and convenient access to a transit facility.
[Added 8-10-2015 by Ord.
No. 1224; amended 11-28-2016 by Ord. No. 1270; 3-27-2017 by Ord. No. 1284]
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 contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
See "use, principal permitted."
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained;
any use designated as a principal permitted use in this chapter. All
required certificates and permits shall be issued without any administrative
discretion on the part of any elected or appointed official or duly
constituted board, provided the use complies with all requirements
of this chapter.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 10-17-2016 by Ord.
No. 1246]
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Added 10-17-2016 by Ord.
No. 1246]
The space on a lot extending along a lot line between such
lot line and a principal building or buildings, or nonbuilding use
occupying such lot.
A yard extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the street line. Covered
porches, whether enclosed or unenclosed, shall be considered as a
part of the main building and shall not project into a required front
yard unless otherwise permitted by this chapter.
[Amended 12-6-2021 by Ord. No. 1426]
A yard extending the full width of the lot and situated between
the rear line of the building and the rear line of the lot.
That portion of a yard which is required by this chapter
to be left open and unoccupied by any part of a building or structure
other than by exceptions as provided herein such as fences, retaining
walls or accessory buildings, such yard being defined by a minimum
distance from an adjoining property line or right-of-way line in the
bulk and area tables. Accessory building shall be prohibited in the
front yard unless otherwise permitted by this chapter.
[Amended 12-6-2021 by Ord. No. 1426]
A yard situated between the building on the side line of
the lot and extending from the front yard to the rear yard. Side yards
on a corner lot shall comply with the minimum yard dimension labeled
corner in the bulk regulation for that zone.
[Amended 12-6-2021 by Ord. No. 1426]
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