City of Northfield, NJ
Atlantic County
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Table of Contents
Table of Contents
Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, and/or N.J.S.A. 52:27D-119 et seq., the Uniform Construction Code, and used in this chapter, such term is intended to include and have the meaning set forth in the definition of such term found in said statute and code in addition to the definition for such term which may be included in this article, unless the context clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
Words used in the present tense include the future.
The singular number includes the plural and the plural, the singular.
The word "lot" includes the word "structure."
The word "zone" includes the word "district."
The word "occupied" includes the word "designed" and the phrase "intended to be occupied."
The word "shall" is mandatory and not directory.
The word "may" indicates a permissive action.
The word "abut" shall include the words "directly across from," "adjacent" and "next to."
The word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used."
The term "such as" shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures.
Words or word groups which are not defined below shall have the meaning set forth in the Municipal Land Use Law or as given in Webster's Unabridged Dictionary.
Typographical errors shall not take precedence over the intent of this chapter. The Planning/Zoning Board shall have the authority to make the interpretation.
[Added 10-9-2012 by Ord. No. 9-2012]
Certain words, phrases, and terms in this chapter are defined for the purpose herein as follows:
A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, except that any structure with a floor area in excess of 500 square feet of a building containing living space shall never be considered an accessory building.
For all matters before the City Council, the City Clerk. For all matters pertaining to applications, minutes and other administrative matters, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board. In matters involving § 215-8D(12) pertaining to issuance of the official list of adjacent property owners for required notices, the administrative officer shall be the Tax Assessor. In matters involving § 215-10 pertaining to records maintenance, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board, and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this chapter. In matters involving issuance of a permit or enforcement of this chapter, the administrative officer shall be the Zoning Officer. In matters involving review of applications for completeness and for compliance, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board.
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
[Amended 4-24-2012 by Ord. No. 3-2012]
Land uses normally associated with the production of food and fiber for sale. For purposes of this chapter, such uses shall not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
A secondary thoroughfare less than 30 feet in width dedicated for the public use of vehicles and pedestrians and affording access to abutting property.
As applied to a building or structure, a change or rearrangement in the structural members, except such changes as may be required for its safety; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure; or change in use from one district classification to another.
Any building, structure or premises which has for its primary purpose or function the offering of coin- or non-coin-operated amusement machines or devices in accordance with § 215-140 of this chapter.
Any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other opening, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include, but not be limited to, such devices as electronically operated game devices, skillball, mechanical game operations or transactions similar thereto, by whatever name they may be called, and shall not include pool or billiard tables.
A dwelling unit in a multifamily building.
A developer submitting an application for development or for a permit required in accordance with this chapter.
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The City Planning Board unless a different agency is designated by this chapter when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
A roadway so designated on the circulation plan of the Master Plan.
A building, or portion thereof, in which sculpture, paintings, or other artistic work is displayed but not for sale.
A place of business where the primary purpose is the sale of new and/or used motor vehicles.
The flood having a one-percent chance of being equaled or exceeded in any given year.
The elevation, based on mean sea level, of a flood that has a one-percent or greater chance of occurrence in any given year as established by the Federal Insurance and Mitigation Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance and Mitigation Administration.
A story partly underground and having more than 1/2 of its height above the average level of the finished grade.
A room or portion of a structure with the principal function of serving as sleeping quarters.
A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.
The length of a street between two street intersections.
Any dwelling for hire in which two or more persons are housed or lodged, with or without meals. This definition notwithstanding, a certificate of occupancy issued by the Construction Official is required for any dwelling for hire.
Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters.
A strip of land which separates multifamily, commercial, office or industrial-type districts or uses from adjoining residential districts or uses so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences. Within any such buffer area, no buildings, structures, driveways, parking or loading areas or other use of the land shall be permitted unless otherwise provided in this chapter.
That central portion of any lot between required yards and/or setback lines.
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
The total areas of outside dimensions on a horizontal plane and ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which are less than three feet above the level of the ground at all points.
The area of a tract covered by buildings and roofed areas, measured at the building line. Building coverage is expressed as a percentage of the total tract area.
The vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level of the distance measured between the eaves and ridge for gable and hipped roofs; to the deck line for mansard roofs.
The line beyond which a building shall not extend unless otherwise provided in this chapter.
A permit used for the alteration or erection of a building or structure in accordance with the provisions of the Building Code of the City of Northfield.
A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
A structure separating land and water areas, primarily designed to resist earth pressures.
The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
A business establishment which does not offer a product or merchandise for sale to the public, but offers a service to the public. However, personal services, such as barber and beauty shops, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office."
A governmental acquisition of real property or major construction project.
A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.
A facility for the washing and cleaning of automobiles and other motor vehicles using production-line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.
A story wholly or partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
A certificate issued by the administrative officer (Planning Board) after all required submissions have been made in proper form, certifying that an application for development is complete.
A document issued by the Zoning Officer for a nonconforming use or structure existing at the time of passage of the zoning ordinance or any amendment thereto which, pursuant to N.J.S.A. 40:55D-48, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for a nonconforming use, structure or lot.[1]
A certificate issued upon completion of construction and/or alteration of any building, or change in use of any building, or change in occupancy of a nonresidential building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Planning Board and/or all other applicable requirements.
Any change from an industrial use to any other industrial use.
Any increase in the number of dwelling units in a structure.
Any change from any nonresidential use to any other use for which any standard set forth in this chapter is greater or more restrictive.
Any change from a residential use to any nonresidential use.
Any change in use from any existing or permitted use to any conditional use.
Any change from any existing or permitted use to any permitted use which can be classified as being in a category lower on the following list than was the original use:
Single residential.
Multifamily residential.
Professional office.
Other office.
Retail business.
Other business and commercial.
See "place of worship."
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, 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 trans-shipment points.
The licensed New Jersey professional engineer appointed by the Mayor in accordance with N.J.S.A. 40A:9-140 to render engineering services and advice to the City. "City Engineer" shall also be interpreted to include the Planning Board Engineer where the Board has jurisdiction.[2]
The licensed New Jersey professional land surveyor appointed by the Mayor to render surveying services and advice, including maintenance and certification of tax maps, pursuant to N.J.S.A. 45:8-36, 45:8-41, and 45:8-43; N.J.S.A. 46:23-9.9 et seq., and N.J.A.C. 13:40-5.1.[3]
The clear sight distance measured along a line perpendicular to the midpoint of a window sill and 60° radial from that line at the window sill in all directions vertical and horizontal forming a cone of vision.
A facility for the diagnosis and treatment of outpatients and/or a group practice in which several physicians work cooperatively.
A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
A permit issued for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder in the New Jersey Administrative Code, N.J.A.C. 7:7-1.1 et seq.[4]
The coastal wetland designated by the New Jersey Wetlands Law (N.J.S.A. 13:9A-1 et seq.).
A roadway so designated on the circulation element of the Master Plan.
Has the same meaning as "parking area, public"; also see "garage, public" and "vertical parking garage."
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 housing licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter, and personal guidance under such supervision as required, not to exceed 15 developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health-care facilities within the meaning of the Health Care Facilities Planning Law (N.J.S.A. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartments and hotels.
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures, established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.[5]
An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter.
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 Article X of this chapter, and upon the issuance of an authorization thereof by the Planning Board.
An ownership arrangement, not a land use; therefore, it is allowed in any zone and under the same restrictions as the land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium dwelling unit has all of the following characteristics:
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.
Condominium ownership of structures and areas may be applied to offices, retail, wholesale, industrial and other types of uses.
A retail store which provides the essential daily household needs.
Development which complies with the full lot size and other provisions of this chapter.
A housing corporation or association which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment or other structure owned or leased by said corporation or association, or to lease or purchase a dwelling constructed or to be constructed by said corporation or association.
See "lot, corner."
A composite of the comprehensive plan or master plan for the physical development of Atlantic County 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 N.J.S.A. 40:27-4.
The Planning Board of Atlantic County as defined in N.J.S.A. 40:27-6.1.
An unoccupied open space on the same lot with a building, which is bounded on three or more sides by the exterior walls of a building or by exterior walls and lot lines.
Has the same meaning as "lot coverage."
A sediment-producing highly erodible or severely eroded area.
The officially established grade of the curb in front of the midpoint of the front lot line. Where no curb grade has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this chapter.
A licensed, organized and supervised daytime facility used for recreational purposes.
A state-certified facility which provides care for children.
Calendar day(s).
The permitted number of dwelling units per gross area of land to be developed and includes the number of dwelling units per gross acre of residential land, including streets, easements and open space portions of a development.
A man-made or natural depression below ground level designed to collect surface and subsurface water so that it might impede its flow and to gradually release the same at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., the storm sewer system or stream).
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension or use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq., and this chapter.
Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services in accordance with N.J.S.A. 30:11B-2.
A document signed by the Zoning Officer which:
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; and
Acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
This chapter, official map, ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
Has the same meaning as "zone" or "zoning district."
The Division of State and Regional Planning in the New Jersey Department of Community Affairs.
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse to provide for "drainage" as defined above.
Has the same meaning as "restaurant, drive-in."
A private road connecting a house, building, garage, accessory building or parking area with the street.
Any building or portion thereof designed or used exclusively for one or more dwelling units.
A building designed for or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or a common cellar.
A detached building designed for the use of a single household, including two or more people living as a family, wherein not more than one person is sheltered and fed for profit.
A detached building designed for or containing two dwelling units, which are entirely separated from each other by vertical walls or horizontal floor, unpierced except for access to the outside or a common cellar.
A building or part thereof having cooking, sleeping, and sanitary facilities designed for or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced except for access to the outside or a common cellar.
The right of the City, county, state, utilities authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.
Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient for compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses, nor shall a school or college giving special or limited instruction such as a business, art, music or dancing school. Duly accredited colleges and universities shall also be considered educational uses.
The activity or corporation engaged in the instruction of children or adults for personal gain and not as an integral part of a public, parochial or private elementary or secondary school, or college or institution of higher learning or of an established religious or charitable organization.
A sign whose messages change by mechanical or electronic means.
[Added 10-9-2012 by Ord. No. 9-2012]
The giving of money and/or services to a charitable or philanthropic organization.
A compilation of studies, reports, documents and findings of fact prepared by an applicant as part of and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in § 215-94. An Environmental impact statement meeting the requirements of the N.J.S.A. 13:19-1 et seq., the Coastal Area Facility Review Act, and specifically outlined in N.J.A.C. 7:7-1.1 promulgated in compliance with said Act may be accepted in lieu of the EIR.
[Amended 4-24-2012 by Ord. No. 3-2012]
The delineation of floodplain limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for significant reach.
The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Council and administered by the Cape Atlantic Conservation District in conformance with N.J.S.A. 40:55D-120.
[Amended 4-24-2012 by Ord. No. 3-2012]
Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
The excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base course, gutters, retaining walls, channels, headwalls, railings, guard rails, or any other public improvement existing within the public right-of- way. For the purposes of this chapter, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
Site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:
Construction, additions, or alterations related to single-family detached dwellings or their accessory structures on individual lots, including private swimming pools.
Interior alterations which do not increase the required number of off-street parking spaces and which conform to the performance standards of this chapter.
Any change in occupancy which is not a "change in use" (as herein defined).
Individual applications for accessory mechanical equipment, accessory storage structures, and accessory uses not exceeding 500 square feet in area, whose operation and location conforms to the design and performance standards of this chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required.
Sign(s), which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required, and provided such sign(s) conforms to the applicable design and zoning district regulations of this chapter, and a permit is obtained. (See § 215-113B.)
Construction of a parking lot or an addition to an existing parking lot, provided that the new lot or the proposed addition contains three spaces or fewer, the location and design of which conform to the standards and zoning district regulations of this chapter.
Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.
Farm and accessory farm buildings and structures, provided such buildings and structures are located on, operated in conjunction with, and necessary to the operation of a farm as defined by this chapter.
One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock or dairy products.
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 a farm as defined by this chapter.[6]
A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.
A fence in which 2/3 of the area, between grade level and the top cross member (wire, wood or other material), is open.
A retail establishment supplying and selling gasoline or other fuel or oil directly for motor vehicles.
The official action of the Planning Board taken on a preliminary 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 the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter and which, as approved, shall be filed with the proper county recording officer.
The susceptibility of a floodplain use at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood-related damages caused by such floodplain use.
The average frequency, statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.
The floodway and flood fringe areas determined by the Department under Section 3 of the Flood Hazard Area Control Act (P.L. 1979, c. 359; N.J.S.A. 58:16A-51).
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
The official map on which the Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the risk-premium zones applicable to the community.
The official report provided in which the Federal Insurance and Mitigation Administration has provided flood profiles, as well as the Flood Boundary Floodway Maps and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters; and/or
The unusual and rapid accumulation or runoff of surface waters from any source.
The flood hazard area of any natural or man-made delineated stream, pond, lake, river, or any other body of water and areas inundated by the one-hundred-year flood in nondelineated areas. This includes, but is not limited to, those areas delineated by the floodplain maps prepared by the NJDEP, the Federal Emergency Management Agency or by other agency or professional engineer upon review and acceptance by the City Engineer.
The channel of a river, natural stream or other watercourse and the portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or floodflow.
A story of a building.
The sum of the gross horizontal areas of the floor or several floors of a building measured between the outside face of exterior walls.
In the case of residential structures, such area shall be finished in accordance with the requirements of the Building Code. Any cellar, garage, crawl space, unfinished attic or space of any nature, or accessory building shall not be included. Any space with a clear ceiling height of four feet or more, but less than the minimum ceiling height prescribed in the Building Code for the type of building concerned, shall not be included when in excess of 10% of the floor area which complied with such prescribed ceiling heights. In the case of a bilevel, multistory building, the first-floor area shall be considered to be the first level or levels of the structure over the full perimeter of the structure which are above the average finished grade of the adjoining ground, and constructed on other than a concrete slab or other such floor.
Any floor area which is located at grade or on such a slab may, however, be included in the calculations of gross floor area, provided it complies with the other terms of this definition.
In the case of all multistory buildings, the first-floor area shall be considered to be the first level or levels of the structure extending over the full perimeter of the structure and which is above the average finished grade of the adjoining ground, whether or not such level is constructed on a concrete slab or other such floor.
The sum of the gross horizontal areas of the floor or several floors of a dwelling measured between the inside face of exterior walls or from the center line of walls separating two dwelling units, having a clear ceiling height of seven feet, four inches, or greater, but not including any unfinished attic, cellar, or accessory building space, but including the floor area of roofed porches, balconies, terraces and patios. (Also see "habitable room.")
The sum of the area of all floors of buildings or structures compared to the total area of the site.
The sum of the gross horizontal areas of the floor or several floors of a commercial building which are used for display of merchandise to the general public and including any areas occupied by counters, showcases, or display racks, and any aisles, entranceways, arcades, or other such public areas.
The total wall surface, including door(s) and window(s), of the principal face of a building which corresponds to the street address of the facade area. In the case of a corner building which fronts on more than one street, the total facade area shall be composed of all frontal areas that have frontal access to the street(s).
A funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 45:7-47 et seq. A funeral home or mortuary shall not be considered a "professional office."[7]
A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
An enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire. The rental of storage space, either enclosed or open, for more than two motor vehicles not owned by occupants of the premises shall be deemed a public garage.
Has the same meaning as "motor vehicle service station."
An area of 100 or more acres not designated as tidal wetlands by the Wetlands Act, N.J.S.A. 13:9A-1 et seq., containing at least 18 holes, together with the necessary and usual accessory uses and structures.
The City Council of the City of Northfield.
The existing undisturbed elevation of land, ground, and topography preexisting or existing on a lot, parcel or tract of land at the time of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.
The total number of units divided by the total area of land within the boundaries of the particular area, excluding nothing.
Any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Garages, bathrooms, closets, storage areas, hallways, and stairs are not considered to be habitable rooms. (Also see "floor area, habitable.")
Include, but are not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and creosols, and their salts; petroleum products; and radioactive materials.
A facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended-care facility, skilled nursing home, nursing home, intermediate bioanalytical laboratory (except as specifically excluded hereunder), or central services facility serving one or more such institutions; but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health-care facilities, and the predominant source of business of which is not by contract with health-care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.
A line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection for Lake's Bay and its tributaries in accordance with the provisions of the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., said line being established from photographs and each of these maps being on file in the Office of the City Clerk, the County Clerk, and the New Jersey Department of Environmental Protection.
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance.
Any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.
An incorporated, nonprofit organization operating under a recorded land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative development, or other owner of property or interests in the project shall be a member;
Each occupied dwelling unit is subject to a charge for proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association or the municipality; and
Each owner and tenant has a right to use a common property.
The practice of a profession within a "professional office," as defined by this chapter, conducted entirely within a dwelling which is the bona fide residence of the principal practitioner.
A building or series or buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the building such related facilities as laboratories, outpatient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.
A building containing six or more guest rooms designed for occupancy as the temporary residence for individuals who are lodged, with or without meals, and in which no provision shall be made for cooking in any individual room or suite.
Any natural or man-made surface which does not permit infiltration of water and causes surface runoff. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces. For purposes of building and impervious surface coverage calculations required in this chapter, porous asphalt and concrete shall be deemed to be impervious surfaces.
A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.
A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the City Engineer upon approval and acceptance by the City Council, Atlantic County or the State of New Jersey.
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
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 rights to use, acquire, or enjoy property is or may be affected by any action taken under this chapter and/or pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. or under any other law of this state or of the United States or have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.
Has the same meaning as "lot, interior."
A street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.
A street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the Planning Board and by the City Engineer.
Space, inside or outside a building, used for the storage, keeping, or abandonment of automobiles, junk, cloth, paper, or waste, including scrap materials or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof or the keeping of more than one inoperable vehicle on a lot.
Any structure or premises wherein or whereon the business of selling or boarding dogs, or breeding dogs for sale, is carried on or where more than three dogs are kept.
Natural or man-made bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under ten-year storm conditions, of two acres or less. Lakes are bodies of water with a surface area greater than two acres, measured under ten-year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten-year storm conditions, as certified by the applicant's licensed professional land surveyor, and approved by the City Surveyor.
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality. Such term also includes improvements and fixtures on, above or below the surface.
Any activity involving the clearing, grading, transporting, or filling of land, and any other activity which causes land to be exposed to the danger of erosion.
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices and the requirements of this chapter, including, but not limited to, § 215-100.
Fabrication, assembly or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress from and egress to a public street at all times.
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. A lot is land occupied or to be occupied by a building, structure and permitted accessory uses, or by a dwelling and its accessory uses together with such open spaces as are specified and required under the provisions of this chapter, having not less than the minimum area required by this chapter for a lot in the zone district in which such a lot is situated, and having the required frontage on a street.
The acreage and/or square footage of a lot contained within the lot lines of the property. No portion of a lot included in a street right-of-way shall be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.
A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. If the interior angle exceeds 135°, the lot shall be deemed to be an interior lot.
The area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of the total lot area. For the purpose of this chapter, lot coverage shall include all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material, and all other impervious surfaces except for the following:
Exterior walkways and plazas designed exclusively for pedestrian use as part of a commercial, industrial, or office development and which are part of an overall landscaping plan acceptable to the Planning Board.
Unroofed patios, terraces, decks and pedestrian walks which are accessory to a single-family dwelling.
The shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than 10 feet in length measured between its intersections with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth only.
The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom. For the purpose of this chapter, only continuous, uninterrupted lot lines shall be accepted as meeting the frontage requirements.
A lot other than a corner lot.
Any line designating the extent or boundary of a lot which shall further be defined as follows:
A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
The lot line most distant and generally opposite and parallel to the front lot line. (See § 215-34C, D and E.)
Any lot line other than a front or rear lot line. (See § 215-34C, D and E.)
The shortest distance between the side lot lines, measured at street line, or if no setback line is established, the mean width of the lot measured at right angles to its depth. The minimum lot width as required by this chapter shall be maintained for at least 75% of the minimum depth as measured continuously from the front line except for lots which front the turnaround of a cul-de-sac, in which case lot width at the street line may be reduced to 50% of the required width. However, the lot width measured at the front setback line must be equal to or greater than 75% of the required lot width.
Any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter.
Any development that provides for ultimately disturbing one or more acres of land or increasing impervious surface by 1/4 or more. "Disturbance," for the purpose of this rule, is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Projects undertaken by any government agency which otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
[Added 5-30-2017 by Ord. No. 6-2017]
Any site plan not classified as a "minor site plan" or "exempt site development."
Any subdivision not classified as a "minor subdivision."
The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
Any facility or activity associated with fishing or boating, either for sport or for commercial gain.
Any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or calisthenic activities.
A composite of one or more written or graphic proposals for the development of the City as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28 and including all subsequent amendments thereto.
The Mayor of the City of Northfield.
A person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2 to such an extent that the person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.[8]
A business or commercial operation or functional equivalent thereof, and shall not be construed, for zoning purposes, as ancillary or adjunct to a doctor's professional office.
[Added 8-14-2001 by Ord. No. 14-2001]
A development plan for one or more lots which are subject to development which:
Requires site plan approval; and
Meets the requirements set forth in § 215-62 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
Meets the following conditions:
The construction of drainage facilities is not required either on- or off-site.
New building construction and/or building additions do not exceed 1,000 square feet of gross floor area.
The proposed development does not increase parking requirements by more than three spaces, nor entail or propose the construction of a total of more than five parking spaces.
The proposed development conforms to the floodplain management standards set forth in § 215-36 of this chapter.[9]
The proposed development conforms to the performance standards set forth in § 215-44 of this chapter.
The proposed development will not require the issuance of a CAFRA permit.
The proposed development does not involve planned development.
The proposed development does not involve any new street or the extension of any existing street.
The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be pro rated pursuant to N.J.S.A. 40:55D-42.
A subdivision of land for the creation of not more than two lots plus the remainder of the original lot, provided such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, and provided that the municipal agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:
That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks.
That the subdivision does not require the extension of municipal facilities at the expense of the City.
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
That the subdivision will not adversely affect the development of the remainder of the parcel of the adjoining property.
That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).
That in the event a drainage fund has been established by the City of Northfield or Atlantic County, an assessment has been charged to the lots and has been paid.
That no portion of the lands involved have constituted a part of a minor subdivision within three years preceding the application.
A hotel or attached rental units where each unit has individual entrances from the exterior of the building to each unit with convenient access to a parking space or parking spaces for the use of the unit's occupants, operated as a single business for the purpose of providing lodging to transient guests. An office unit must be provided in conjunction with the operation of a motel.
A building, premises or portions thereof that contain service bays with or without hydraulic lifts and which may or may not include facilities for changing tires, oil changes, greasing, front end alignment, installing shock absorbers, and/or washing or servicing such motor vehicles, except for facilities used for vehicles registered to the mercantile licensed or the owner of the mercantile license of the business premises; e.g., repairs to a vendor's own delivery vehicle; or
Facilities for the sale of motor vehicle fuel; or
Both Subsections A and B.
The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
Any building containing two or more dwelling units, including townhouses, within a lot. Dwelling units within multifamily buildings are classified as multifamily dwellings.
The City of Northfield.
The Planning Board or City Council of the City of Northfield when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
N.J.S.A. 40:55D-1 et seq. (Chapter 291, Laws of New Jersey, 1975), as amended.
Structures for which the start of construction commenced on or after the effective date of this chapter.
A lot the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 use or activity which was lawful prior to the adoption, revision, or amendment of this chapter, 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.
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
A school designed to provide daytime care of three or more children from two years of age to six years of age, inclusive, and operated on a regular basis.
An extended- or intermediate-care facility licensed or approved to provide full-time convalescent or chronic care for illness or infirmity to individuals who are unable to care for themselves.
The specific purpose for which land or a building is used, designed or maintained.
Has the same meaning as "certificate of occupancy."
The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or 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.
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
A porch or steps with a fixed roof no larger than six feet wide by four feet deep and with no side wall other than the wall of the structure to which it is attached.
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 other improvements that are designed to be incidental to the natural openness of the land. Impervious surfaces within open space areas shall be limited to improvements associated with recreation and drainage facilities and underground utilities. Open space may include farmland set aside in perpetuity intended for the preservation of the farming use.
A measure of the inverse intensity of land use. It is arrived at by dividing total amount of open space within the site by the site area.
An unoccupied area, including natural and man-made watercourses, streams, lakes, ponds, and grassed, wooded or landscaped areas, open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrianways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area.
Any individual, family group, firm, association, syndicate, copartnership or corporation having proprietary interest in land which is the subject of a development proposal.
An open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.
An open area for the parking of privately owned motor vehicles and not for public use.
A paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation for clients or customers.
Has the same meaning as "garage, public."
An off-street space provided for the parking of a motor vehicle, exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
An area of land not used for receiving and storing material where the ground has been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.
Any establishment showing to patrons in private or semi-private viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the representation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.
Any security which may be accepted by the City, including cash, provided that the City shall not require more than 10% of the total performance guarantee in cash, in lieu of a requirement that certain improvements be made before the municipal agency approves an application for development.
An act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.
A building or group of buildings, congregations, for public worship, including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar types of buildings.
An area of minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential or other uses incidental to the predominant use as may be permitted by this chapter.
Planned residential, commercial or industrial development.
The City of Northfield Planning Board established pursuant to N.J.S.A. 40:55D-23. The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.
The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the City Engineer (with consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the City Engineer may assume the duties of the office.
A map or maps of a subdivision or site plan.
The map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. "Final plat" shall also include and be synonymous with the term "final site plan."
The plat prepared and submitted to the approving authority as a part of the application for preliminary approval. "Preliminary plat" shall also include and be synonymous with the term "preliminary site plan."
A portable shed or storage container, storage unit, shed-like container or other portable structure that can or may be used for storage of personal property of any kind and which is located for such purposes outside an enclosed building, other than an accessory structure. "PODS®" is a brand container. "Portable Home Storage Units" and "PODS" are synonymous with the term "Portable On-Demand Storage."
[Added 10-9-2012 by Ord. No. 9-2012]
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-49 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, relationship to its site and immediate environs and exterior colors and finishes.
A lot or tract of land or any combination thereof held under a single ownership or control.
A building in which is conducted the primary or principal use of the lot.
The primary or principal purpose for which a building, structure or lot is used.
The office of a member of a recognized profession as hereinafter indicated when conducted on a residential property, which shall be conducted by a member or members of the residential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, professional engineers, lawyers, real estate brokers and such similar professional occupations. 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. The issuance of a state or local license for regulation of any gainful occupation shall not be deemed indicative of professional standing.
A building, the occupancy of which is limited to professionals such as doctors, dentists, ministers, architects, engineers, lawyers, real estate brokers, accountants, or such other similar professional occupations which may be so designated by the municipal agency upon finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for practice.
That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70D would be necessary in order to provide that use in that particular zone.
A sign, other than a facade sign, suspended from or attached to a building or wall in a manner which is other than parallel to the building or wall, including a sign hung under a canopy.
Public parks, playgrounds, trails, paths and other recreational areas;
Other public open spaces;
Scenic and historic sites; and
Sites for schools and other public buildings and structures.
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.
An open space area conveyed or otherwise dedicated to the City, Board of Education, federal, state, or county agency, or other public body for recreation or conservation uses.
The majority of the full authorized membership of a municipal agency.
Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.
The replenishment of underground water reserves.
A detention basin designed not only to relocate water gradually into a natural or man-made outlet, but also to percolate into the ground consistent with subsurface strata. Such basins are designed for sandy or gravel soil with little evidence of fines (soil that passes through a No. 200 sieve).
A vehicular-type portable structure without a 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 trailers, truck campers, camping trailers and self-propelled motor homes.
Facilities and open space areas set aside, designed and/or improved, and used for recreational purposes, and may include, but shall not be limited to, playfields, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for streets, easements and/or open space portions of a development.
Any natural area or feature containing natural resources protected by this chapter, where improvement and/or alteration may be restricted or prohibited or where conservation is required. Resource protection areas may include wooded areas, floodplains, natural drainage areas, watercourses, ponds, lakes, stream corridors, riparian lands, wetlands, marshland, wildlife habitats, archeological sites, and steep slopes.
Any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield or park operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
An establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for take-out or consumption on the premises but 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.
An establishment that offers quick food service, accomplished through a limited menu, providing over-the-counter and/or drive-through service. This term is synonymous with the term "fast-food service establishment."
[Added 10-9-2012 by Ord. No. 9-2012]
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 any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances to combine existing lots by deed or by other instrument.
A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
A man-made or natural body of water of a depth of not less than four feet designed to contain water at all times, the level of which will be increased as a result of the flow into it of surface and subsurface water, collected therein and released gradually into natural or man-made outlets.
A through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.
A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.
Has the same meaning as "boarding- or lodging house."
Has the same meaning as "educational use."
A building or group of buildings in which activities are limited to experiment, testing, and other forms of research such as product design and development, provided that the use shall not include any processing or manufacturing except as may be incidental to the research or testing process. There shall be no commercial production of goods, materials, or any other substances for sale, except as may be produced by a small pilot facility necessary to the research activity.
Any concentration or grouping of trees or shrubbery as may be required by this chapter.
Has the same meaning as "accessory use."
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.
That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises, to service the building erected for the use conducted thereon.
The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.
The line beyond which a building shall not extend unless otherwise provided in this chapter.
An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of 30,000 square feet.
The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.
A name, identification, description, display, illustration or any other device observable from out-of-doors, which is affixed to, pointed on, or represented directly or indirectly upon a building, structure, including motor vehicles or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business, regardless of whether such device is located indoors or outdoors. Lighting used to outline any part of a building shall not be deemed to be a sign if the lighting is used as an architectural treatment. However, a sign shall not include any display of official court or public office notices, any official traffic control device, nor any flag, badges, or insignia of any public, quasi-public, civic, charitable, or religious group.
[Amended 10-9-2012 by Ord. No. 9-2012]
A sign off-site which directs attention to a business, commodity, or service conducted, sold or offered elsewhere than on the premises where the sign is located.
The area defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight lines) geometric shape which most closely outlines the sign.
A sign which directs attention to a business or profession conducted on or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.
Any sign placed or inscribed upon the face of a building.
Any sign supported by uprights or braces placed upon the ground and not attached to any building.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but not necessarily 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, screening devices; and
Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
A wind energy system, as defined in § 215-27.1 of this chapter, that is used to generate electricity; and has a nameplate capacity of 10 kilowatts or less.
[Added 10-9-2012 by Ord. No. 9-2012]
All unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.
The Cape Atlantic Conservation District, a governmental subdivision of the state, which encompasses the City of Northfield and which was organized in accordance with the provisions of N.J.S.A. 4:24-2 et seq.
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 10-9-2012 by Ord. No. 9-2012]
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy or heat.
[Added 10-9-2012 by Ord. No. 9-2012]
Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
[Added 4-24-2012 by Ord. No. 3-2012]
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal.
Acts of human masturbation, sexual intercourse or sodomy.
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
The classification of land uses and economic activities in the City of Northfield in accordance with the Standard Industrial Classification Manual prepared by the United States Office of Management and Budget dated 1972 and updated by supplements thereto.
Areas where the average slope exceeds 8%, which, because of this slope, are subject to high rates of stormwater runoff and erosion.
A facility or other means to control water runoff.
Flow on the surface of the ground, resulting from precipitation.
That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level" story shall be considered a secondary story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story and if less than two feet below the top plate, it shall be counted as a half-story, provided not more than 60% of the floor area is used for rooms, baths or toilets; otherwise, it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.
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.
Those areas which include the floodway and permanent channel of brooks and streams.
Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way which is an existing state, county or City roadway; or which is shown upon a plat hereto approved pursuant to law; or which is approved by official action as provided N.J.S.A. 40:55D-1 et seq.; 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 grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. (Streets are classified by function and type by § 215-118.)
A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in § 215-118 of this chapter.
The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curbline, or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the City of Northfield, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.
A street that does not have an all-weather pavement in accordance with § 215-118, Street design and construction. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the even that the Construction Official or other City official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the City Engineer for his evaluation and written determination.
Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
Has the same meaning as "alterations."
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 and including, among other things: display stands, fences and walls, gasoline pumps, gates and gate posts, mobile dwellings, outdoor bins, pagodas, platforms, pools, porches, reviewing stands, sales stands, signs, stadiums, staging, standpipes, tanks of any kind, tents, towers of any kind, including radio and television towers and antenna trellises. The word "structure" shall be construed as though followed by the words "or part thereof."
Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
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:
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including, but not limited to, judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument; and
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 administrative officer to conform to the requirements of the development contained in this chapter and are shown and designated as separate lots, tracts, or parcels on the official tax map of the City.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such further duties relating to land subdivision or site plan as may be conferred on this Committee by the Board.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or by the Northfield Bicentennial Committee.
A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee, or operated as a service rendered by a hotel, motel, or apartment development whose units are rented to transient or permanent residents and having appropriate dressing room facilities, recreational facilities and off-street parking areas.
A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.
Has the same meaning as "swimming pool, commercial."
A portable or semi-portable table, platform or structure from which fruits, vegetables, or similar agricultural products are intended to be sold at retail to passing motorists or pedestrians.
Lands which are washed by tidal flows in accordance with the NJDEP Tideland Council maps which are on file with the NJDEP and City Clerk.
A dwelling unit having one or more common walls with adjoining dwellings in the same building which consist of one or more stories, and have two doorways which provide immediate entrance to and exit from the dwelling at ground level.
An area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. "Tract" is interchangeable with the words "development area," "site" and "property."
The total area of land, determined by a certified boundary survey, excluding any public rights-of-way and/or lands shown as part of another previously approved or designated permanent open space.
The gross tract area less the total of any areas within the tract contained in:
Riparian lands, tidelands and tidal wetlands.
Wetlands and areas with shallow depth to water table.
The one-hundred-year floodplain.
Lakes and ponds.
Stream corridors and floodways.
A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.
A typed or printed verbatim record, or reproduction thereof, of the proceedings of the municipal agency.
The New Jersey Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.[12]
The specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
Essential services including, but not limited to, sewers, water, electricity, natural gas, telephone and cable providers, regulated by the State of New Jersey or by the Federal Government.
A type of accessory building used only for the storage of the owner's or occupant's personal property, excluding motor vehicles, and having a maximum square footage of 144 square feet.
Permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b and N.J.S.A. 40:55D-70c and 40:55D-70d.
A multilevel structure constructed for use as a facility for vehicular parking or storage. The levels can be above grade or below grade, or both, but in no case shall exceed the maximum height limitation for the district in which the structure is located.
A way for carrying pedestrian traffic and may be located within the right-of-way provided for a street, or may be located adjacent to a property line, between lots, and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
Any structure designed or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other forms of commercial warehouse activities.
Areas known as marshes, swamps or other lowland subject to tidal action, or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one foot above local extreme high water and on which vegetation unique to tidal marshes, swamps or lowlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey state wetlands in accordance with the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.; to wetlands defined in accordance with the New Jersey Coastal Development Policies, N.J.A.C. 7:7D-1.0 et seq.; or by the U.S. Army Corps of Engineers.
Areas known as marshes, swamps, or other saturated lowland, wherein standing water is retained for 24 or more consecutive hours and to which vegetation unique to such marshes, swamps, or wetlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey state wetlands or to wetlands as defined in accordance with the New Jersey Coastal Development Policies (N.J.A.C. 7:7D-1.0 et seq.) or by the U.S. Army Corps. of Engineers.
Soils with a depth to seasonal high water table less than, or equal to, three feet (as delineated by the U.S. Natural Resources Conservation Service in a National Cooperative Soil Survey) unless the soils are loamy sand or coarser, in which case they are soils with a depth to seasonal high water table less than, or equal to, five feet. Wet soils found in the City of Northfield are Atsion (Ac.), Berryland (bp), Muck (mu), Pocomoke (Po), and Tidal Marsh (Td) as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service.
A wind turbine 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 10-9-2012 by Ord. No. 9-2012]
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 10-9-2012 by Ord. No. 9-2012]
Any area within a tract covered by trees, woods or forests, including closely grouped or stands of 10 or more mature or specimen trees of six-inch caliper or greater; or individual shade and specimen trees of twelve-inch caliper or greater, or individual ornamental trees of four-inch caliper or greater.
An open space which lies between a principal building or building group, for the full length of the lot and the nearest lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. All yards will be identified as either "front yard," "side yard," or "rear yard."
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.
An open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
Any part of territory of the City of Northfield which is designated as a zone or zoning district on the Official Zoning Map on file with the City Clerk and to which certain uniform regulations and requirements of this chapter apply.
The official of Northfield designated to enforce the provisions of this chapter. The Zoning Officer shall also be the administrative officer in matters pertaining to §§ 215-9A and B, 215-44A(4), B, 215-47, 215-58 and 215-106H.
Has the same meaning as "development permit."
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: The former definition of "fast-food service establishment," which immediately followed this definition, was repealed 10-9-2012 by Ord. No. 9-2012; see now the definition of "restaurant, fast food."
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: See also § 215-161, Flood hazard areas.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).