Certain words and terms in this chapter are defined
for the purpose thereof as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental
and customary to that of the main use or building and on the same
lot.
ACCESSORY STRUCTURE
A structure other than a building, which is used exclusively
for an accessory use.
ADMINISTRATIVE OFFICER
The Zoning Officer, the Director of Community Development,
and/or the Planning/Zoning Coordinator.
APARTMENT
A room or suite of connected rooms on a single floor designed
or used for occupancy as a single dwelling unit by one family.
AREA, BUILDING
The total of areas taken on a horizontal plane at the maximum
exterior circumferential sections of the principal building and all
accessory buildings exclusive of uncovered porches, terraces and steps.
AREA, LIVABLE OR HABITABLE
The sum of the gross horizontal areas of a floor or several
floors of a building 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 at least four feet, but no more than
10% of the habitable floor area shall have a ceiling height less than
the prescribed ceiling height in the Building Code; no cellar or garage space is to be considered to be included
in livable area.
AREA, TOTAL FLOOR
The total area taken on a horizontal plane at the maximum
circumferential sections of each of the floor levels of the principal
building and all accessory buildings exclusive of uncovered porches,
terraces and steps.
BASEMENT
That portion of a building having its finished floor surface
either partially or completely below grade.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy or use and having
a roof.
CATERING/BANQUET HALL
A large room or group of rooms that typically provides waiter
services for banquets, conventions, weddings and other similar gatherings
with food and beverages that are preselected and either served at
the table or self-serve buffet style and is paid for on a per-person
basis.
[Added 7-18-2011 by Ord. No. 11-729]
CELLAR
A basement having a floor-to-ceiling height less than that
prescribed by the Building Code for livable/habitable areas, or having
less than 1/2 its floor-to-ceiling height above the average finished
grade of the adjoining ground.
CHILD-CARE CENTER
Any child-care facility regulated and licensed by the Department
of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.).
CHURCH
Synonymous with "house of worship," as defined below.
COMMERCIAL VEHICLE
A motor vehicle used for commercial purposes with or without
an attached or permanently attached delivery body, including vehicles
such as catering or canteen trucks, buses, cube vans, tow trucks,
dump trucks, tanker trucks, tractor trailers, semi-trailers and any
vehicle which has an exterior fixture or fixtures for the purposes
of carrying equipment, materials, or supplies for commercial purposes.
COMMON
An unoccupied open space on a lot around which or on the
opposite sides of which two or more principal buildings face.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter,
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons, who
require assistance, temporarily or permanently, in order to live in
the community, including but not be limited to group homes, halfway
houses, intermediate care facilities, supervised apartment living
arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services.
(2)
MENTALLY ILL PERSONA person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but not including a person who has been committed after
having been found not guilty of a criminal offense by reason of insanity
or having been found unfit to be tried on a criminal charge.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter,
and personal guidance, under such supervision as required, to not
more than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, including but not
limited to group homes, halfway houses, supervised apartment living
arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
(1)
PERSON WITH HEAD INJURYA person who has sustained an injury, illness, or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance, and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
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.
CONDITIONAL USE
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 the regulations herein, and upon the issuance of an
authorization therefor by the reviewing board.
CONSERVATION EASEMENT
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
COURT
An open unoccupied space enclosed or partially enclosed by
three or more intersecting walls of a building or buildings on the
same lot. For the purpose of this chapter, the space included between
two walls which intersect at an angle of less than 90º shall
be considered a court.
CREST LINE
A line at the top of a mountain or hill at the edge or upper
limit of a slope of 40% or more.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DISTURBED LOT COVERAGE
That area of a lot expressed as a percentage, which is graded,
filled or otherwise disturbed in the course of construction.
DWELLING
A building, or portion thereof, which is designed or used
exclusively as the living quarters for one or more families.
DWELLING, DUPLEX
A semidetached building designed for or occupied by two families
living independently of each other with a common fire wall separating
them either vertically or horizontally.
DWELLING, MULTIFAMILY
A building designed for or occupied by three or more families
living independently of each other.
DWELLING, TWO-FAMILY
A building designed for or occupied by two families living
independently of each other.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit with cooking, living,
sanitary and sleeping facilities. In the case of a nursing home or
like facility having dormitory-style rooms, whether or not such rooms
include cooking and/or sanitary facilities, each room shall be considered
a dwelling unit.
FAMILY
One or more persons customarily living together as a single
household, whether or not related to each other by birth or marriage,
as distinguished from a group occupying a boarding house, lodging
house, hotel or motel.
FAMILY DAY-CARE HOME
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16
et seq.).
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the floors of a
building or of a structure having floors measured from the exterior
face of exterior walls, or from the center line of a wall separating
two buildings, but excluding any space where the floor-to-ceiling
height is less than six feet.
FLOOR AREA RATIO
The sum of the gross area of all floors of all buildings
or structures compared to the total area of the site.
FLOOR/LOT RATIO
The sum of the gross floor area, as defined above, of all
buildings and structures, compared to the total area of the lot.
GARAGE, PRIVATE
An accessory building or part of a main building principally
for the storage of motor vehicles as an accessory use.
GARAGE, PUBLIC
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.
GARDEN APARTMENTS
Multifamily apartment dwelling units situated within one
or more buildings, each of which contains four or more such units.
GASOLINE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances, including any sale of motor vehicle accessories,
and which may include facilities used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or providing similar services
for motor vehicles. Any such use shall be classified as a motor vehicle
service station.
GRADE, EXISTING
The vertical location of the surface of the ground prior
to any disturbance.
GRADE, FINISHED
The final elevation of the surface of the ground after disturbance
or soil moving in conformance with an approved design.
HEIGHT OF BUILDING
The vertical distance measured from the average elevation
of the finished grade as measured at all the building corners to the
highest elevation of the roof surface or ridgeline on pitched roofs.
HELIPORT
An area used by helicopters or by other steep-gradient aircraft,
which area includes passenger and cargo facilities, maintenance and
overhaul facilities, fueling service, storage space, tie-down space,
hangars and other accessory buildings or open spaces.
HELISTOP
An area on a roof or on the ground, used by helicopters or
other steep-gradient aircraft for the purpose of picking up or discharging
passengers or cargo.
HOME OCCUPATION
Any activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit as regulated in
this chapter.
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity, and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities, such as laboratories, outpatient facilities, training
facilities, medical offices, and staff residences.
HOUSE OF WORSHIP
A building, structure, or group of buildings or structures
that by design, construction, configuration, and operation are primarily
intended for the conduct of organized religious services and the customary
accessory uses incidental and subordinate to same.
IMPERVIOUS COVERAGE
The area of a lot, in relation to the whole, covered by buildings
and other improvements including but not limited to sidewalks, driveways,
parking areas, decks, patios, and tennis courts, whether such surfaces
are paved or unpaved, which may prevent or impede the natural absorption
of stormwater directly into the ground below. Impervious coverage
is the same as lot coverage and specifically excludes the surface
area of that portion of a swimming pool that is designed for water
retention.
INFILL DEVELOPMENT
Development of a vacant site or of scattered vacant sites
situated within an area that is already developed with established
housing or other buildings, including such development as may involve
the subdivision of a lot.
JUNKYARD
The use of more than 200 square feet of the area of any lot
for the buying, selling, exchange, storing, packing, disassembling,
baling or cleaning of discarded or salvage metals, plumbing fixtures,
salvage materials and equipment from house wrecking or automobiles
or parts thereof not in operable condition, but does not include uses
entirely within enclosed buildings.
KENNEL
Any establishment wherein or whereon the business of boarding
or training animals, or breeding animals for sale is carried on.
LANDSCAPED BUFFER
Open spaces and landscaped areas, which may include fences,
walls, berms, or any combination thereof used to physically separate
or screen one use or property from another so as to visually shield,
or block noise, lights, or other nuisances. No buildings or pavement
are permitted within the landscaped buffer area with the exception
of driveways needed for access to an adjacent road in a front yard.
LONG-TERM CARE FACILITY
A facility such as a nursing home, that is licensed by the
Department of Health of the State of New Jersey, to provide health
care under medical supervision and continuous nursing care for 24
or more consecutive hours to two or more residents whose physical
or mental condition requires such care, and who are not related to
the governing authority by marriage, blood, or adoption.
LOT
A piece, parcel, or plot of land occupied or designed to
be occupied by a building and its accessory buildings or by a dwelling
group and its accessory buildings, together with such open spaces
as are arranged and designed to be used in connection with such buildings.
LOT, CORNER
A parcel of land with two or more adjacent sides abutting
upon streets. Each street side shall be considered a front yard.
LOT COVERAGE
The area of a lot, in relation to the whole, covered by buildings
and other improvements including but not limited to sidewalks, driveways,
parking areas, decks, patios, and tennis courts, whether such surfaces
are paved or unpaved, which prevent or impede the natural absorption
of stormwater directly into the ground below. "Lot coverage" is the
same as impervious coverage and specifically excludes the surface
area of that portion of a swimming pool that is designed for water
retention.
LOT DEPTH
A mean distance between the front lot line and rear lot line
measured in the general direction of its side lines. Where the front
lot line does not coincide with the street line, the lot depth shall
be measured from the street line.
LOT FRONTAGE
The distance between side lot lines measured along the street
right-of-way line.
LOT LINE
A line of record dividing one lot from another.
LOT WIDTH
The distance between side lot lines measured along the required
minimum front yard setback line.
MEDICAL CLINIC
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by two or more physicians,
dentists, psychologists, social workers or similar professionals practicing
together.
MOTOR VEHICLE SERVICE STATION
Any land, building or part of a building used for repairing
motor vehicles, such as engine overhaul, body repairs, replacement
of parts, painting of motor vehicles or any part thereof and other
repairs of a major character. Any such land, building or part of a
building where vehicles are also supplied with gasoline or other motor
fuels shall be classified also as a gasoline station.
MUNICIPAL AGENCY
The Township Planning Board or Board of Adjustment or the governing body, when acting pursuant to this chapter, Chapter
38, Land Use Procedures, and the Municipal Land Use Law and any agency which is created by or responsible to the Township when acting pursuant to this chapter, Chapter
38, Land Use Procedures, and the Municipal Land Use Law. The term "reviewing board" is synonymous with the term "municipal agency" and refers interchangeably to the Planning Board or the Board of Adjustment, as either Board acts in its capacity regarding any matter under its jurisdiction as designated by the Municipal Land Use Law.
NONCONFORMING BUILDING
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 zone district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING LOT
A lot the area, 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 zone district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
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 zone district in which it is located by
reason of such adoption, revision or amendment.
OPEN SPACE
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.
OPEN SPACE, PUBLIC
Any open space area conveyed or otherwise dedicated to the
municipality, a municipal agency, the Board of Education, a state
or county agency, or other public body for recreational or conservation
uses.
PARKING SPACE
An off-street paved area available for the parking of a motor
vehicle which shall have a minimum area of nine feet wide by 18 feet
in depth.
PLANNED RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous or noncontiguous acreage
of 10 acres or more to be developed as a single entity according to
a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses, as permitted
by this chapter, all primarily for the benefit of the residential
development.
PREVAILING FRONT YARD SETBACK
The approximate front yard setback at which the majority
of buildings fronting on the same side of the same street within a
particular block area or other area, as may be defined by topographic
features, zoning districts, separating roadways, or divergent uses,
are situated, which setback is a defining characteristic of the block
area or neighborhood in which the buildings are located.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the
lot on which it is located.
PRINCIPAL USE
The primary or predominant use of any building or lot.
QUADRIPLEX
A group of four attached one-family dwelling units, each
having at least two private entrances from the exterior, up to 1 1/2
stories above grade, and separated from one another by vertical fire
walls.
RESIDENTIAL CLUSTER
A contiguous or noncontiguous 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.
RESTAURANT
An establishment in which specific food and beverages are
ordered, from a menu to a waiter, and prepared for consumption on
the premises by small groups of patrons seated at tables, booths,
or counters, and payment is made before leaving.
[Amended 7-18-2011 by Ord. No. 11-729]
RETAIL SALES STORES, SHOPS, AND MARKETS
Establishments for the sale of goods for use or consumption
on or off the premises, which goods are intended to meet direct consumer
food, clothing, furnishing, recreational or other needs and are not
intended for resale, excluding motor vehicles.
RETAIL SERVICE SHOPS
Establishments for the provision of retail services such
as personal care, clothing care, small appliance repair, upholstery,
pet grooming, catering and other similar services, excluding servicing
of motor vehicles.
RETAIL SHOPPING CENTER
A facility consisting of one or more buildings designed for
occupancy and use by more than one enterprise for the conduct of business
as an integrated and comprehensively planned retail installation.
SELF-STORAGE FACILITY
A building, or group of buildings, containing smaller, self-contained,
individually-accessed units that are leased for the storage of goods
and materials.
SETBACK
The minimum required distance measured from the property
lines to the nearest portion of a structure, in the case of a building,
its footings or foundation. The following specific features of a principal
building shall be excluded from the setback requirement, provided
that they extend into the setback area by not more two feet: bay windows,
chimneys, overhangs, steps.
SIGN
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, intended to be in view of the general
public, which is used to advertise, identify, display, direct or attract
attention to an object, person, institution, organization, business,
product, service, event or location by any means including words,
letters, figures, design, symbols, fixtures, colors, illumination
or projected images. For the purposes of this chapter, this definition
shall not include official public notices, the flag or insignia of
any governmental jurisdiction, or any traffic signal or sign maintained
by a governmental entity.
SIGN AREA
The area of a sign shall be the entire display or total gross
advertising area within a single continuous rectangular perimeter
enclosing the extreme limit of such display space exclusive of any
structural or framing elements. The area of a freestanding sign with
two faces shall be the equivalent of the area of one of the faces.
SLOPE
A computation of percentage in which vertical distance is
the numerator and the horizontal distance is the denominator, calculated
at ten-foot intervals (e.g., a ten-foot difference in elevation over
a horizontal position of 25 feet is a slope of 40%).
SOIL MOVING
Any digging, stripping, excavation, removal or deposition
of soil, filling, grading, regrading, leveling, or other activity
that alters the contour of the land or elevation of the surface of
the ground from its condition prior to such activity.
STORY
That part of a building comprised between a floor and the
floor or roof next above including a parking level.
STORY, ABOVE GRADE
Any story having its finished floor surface entirely above
grade except that a basement shall be considered as a story above
grade when the finished surface of the floor above the basement is:
(1)
More than six feet above the average finished
grade along the foundation;
(2)
More than six feet above the finished grade
for more than 50% of the total building perimeter; or
(3)
More than 12 feet above the finished grade at
any point.
STORY, HALF
(1)
A story located wholly or partly within the
roof construction and having a maximum floor area of 60% of the story
below, and a clear height of at least seven feet between the top of
the floor beams and the structural ceiling. Areas within said half
story shall be part of, connected with, and used with the area of
the floor below.
(2)
A story located wholly or partly within the
roof construction having a ceiling height not conforming to that prescribed
by the Building Code for livable/habitable areas.
(3)
A mezzanine that exceeds 33% of the area of
the floor immediately below.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county, or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provide by 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 appointment of the
Planning Board and the grant to such Board 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.
STREET LINE
The edge of an existing or future street right-of-way line
that forms the dividing line between the street and a lot, across
which there is permanent access to the lot.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
TOWNHOUSE
A one-family dwelling unit having up to 2 1/2 stories above
grade, having front and rear access to the outside, and constructed
in a row of three but nor more than six such attached units separated
by vertical fire walls.
TOWNHOUSE COMPLEX
A group of buildings containing townhouses in an integrated
and comprehensively planned community.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WIRELESS TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals, or electromagnetic
waves for wireless communications.
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT,
AND/OR TOWERS
Buildings and/or other structures and equipment for the delivery
of wireless telecommunications except for satellite dish antennas.
For purposes of this chapter, wireless telecommunications structures,
antennas, equipment, and/or towers may be collectively referred to
as "wireless telecommunications facilities." This definition shall
not include any tower supporting an antenna or antenna array that
is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
YARD, FRONT
An open unoccupied space extending across the full width
of the lot and lying between the street line of the lot and the nearest
line of any building. The depth of the front yard shall be measured
at right angles to the street line. The required front yard area is
that space extending across the full width of the lot and lying between
the street line of the lot and the required front yard setback line.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building.
The depth of a rear yard shall be measured at right angles to the
rear line of the lot; or, if the lot is not rectangular, then a mean
depth shall be established based on the general direction of the side
lot lines. The required rear yard is that space extending across the
full width of the lot and lying between the rear line of the lot and
the required rear yard setback line.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest line of any building and extending from the front
yard to the rear yard or, in the absence of either of such yards,
to the street 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. The required side yard is that space between the side line
of the lot and the required side yard setback line and extending from
the front yard to the rear yard or, in the absence of either of such
yards, to the street or rear lot lines, as the case may be.
ZONING OFFICER
The municipal official designated by the Township Manager
to enforce the provisions of the Zoning Ordinance and to issue zoning
permits.
ZONING PERMIT
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 which acknowledges
that such use, structure, or building complies with the provisions
of this chapter or variance therefrom duly authorized by the appropriate
municipal agency in accordance with the New Jersey Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).