For purposes of this chapter, certain phrases and words are defined as follows:
ACCESSA way or means of approach to provide vehicular or pedestrian physical entrance to a property.
ACCESSORY USE or STRUCTUREA use or structure which:
A. Is clearly incidental to and customarily found in connection with a principal use or building;
B. Is subordinate to and serves a principal building or principal use;
C. Is subordinate in area, extent, or purpose to the principal building or principal use served;
D. Contributes to the comfort, convenience, or necessity of the occupants, business, or industry in the principal building or principal use served; and
E. Is located on the same lot as the principal building or use served.
ADAPTIVE REUSEThe development of a new use for an older building or for a building originally designed for a special or specific purpose.
ADDITIONAn extension or increase in the floor area or the height of a building or structure.
ADJACENT or ADJOINING LOTA lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
ADULT ENTERTAINMENT USEAn establishment consisting of, including, or having the characteristics of any or all of the following:
A. ADULT ARCADEAn establishment where, for any form of consideration, one or more motion picture or similar broadcast machines for viewing by five or fewer people each are used to show films, videos, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
B. ADULT BOOKSTORE OR RETAIL STOREAn establishment having as a portion of its stock-in-trade books, magazines, other periodicals, motion pictures and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas; or an establishment with a segment or section of the premises devoted to the sale, rental or display of such material; or an establishment having a segment or section of the premises devoted to the sale, rental or display of instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
[Amended 10-7-2002 by Ord. No. 1300; 7-3-2006 by Ord. No. 1408]
C. ADULT CABARETA nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videos, or other photographic reproductions in which the substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon depiction or description of specified sexual activities or specified anatomical areas.
D. ADULT MOTION-PICTURE THEATERA building used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observations by patrons therein.
ADVERSE EFFECTAn existing or proposed condition on a site proposed for development or on off-tract property or facility that imposes, aggravates or leads to inadequate, impractical, unsafe, unsatisfactory, unhealthy, or noncomplying conditions, such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; an unsuitable street location; an inconvenient street system; inadequate utilities, such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading, all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
AISLEThe traveled way by which cars enter and depart parking spaces
ALLEYA minor or service roadway which affords only a secondary means of public access to abutting property and not intended for general traffic circulation.
ALTER or ALTERATIONAs applied to a building or structure, any change in the appearance or rearrangement in the supporting members, structural parts, doors, windows, means of ingress or egress of an existing building; or an enlargement, whether horizontally or vertically; or the moving of a building or structure from one location or position to another.
[Amended 8-1-2016 by Ord. No. 1601]
ANTENNAA devise used to transmit and/or receive radio, electromagnetic, or digital signals between terrestrial and/or orbitally based structures.
APARTMENT UNITOne or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more such dwelling units.
APARTMENT UNIT, ACCESSORYA single dwelling unit that has been added onto or created within a single-family house or accessory structure to a single-family house.
APPLICANTA person submitting an application for development.
APPLICATIONAn application form and all accompanying documentation required by this chapter for approval of a site plan, subdivision, planned development, conditional use, zoning variance, change in use, or direct issuance of a permit pursuant to N.J.S.A 40:55D-34 and 40:55D-36.
APPROVING AUTHORITYAny board, body, or another authority within the Borough to approve or disapprove applications for development as outlined in the Municipal Land Use Law and this chapter.
ATTICThat part of the building that is immediately below and wholly or partially within the roof framing.
AUTOMOTIVE GARAGEAny premises, lot, building or structure used for repairing or servicing of motor vehicles, including painting, body repair, and oil changes.
AUTOMOTIVE SALESThe use of any building, land, or other premises for the display and sales of new or used automobiles, panel trucks or vans, including any preparation or repair work conducted as an accessory use only. See also "Vehicle sales."
AUTOMOTIVE SERVICE STATIONAny building, land area, or other premises used for the retail dispensing or sales of automobile fuels, which activity may or may not be accompanied by accessory uses such as sales of lubricants, tires, accessories, or supplies; minor repairing of automobiles; or, a single-bay car wash. Automobile wrecking and storage, major repairing of automobiles, automobile parking/storage for fee, and operation of more than one towing vehicle are not considered accessory uses of an automotive service station.
AUTOMOTIVE SERVICE STATION WITH CONVENIENCE STOREAn automotive service station that includes a building, or part of a building, of less than 1,000 square feet of area, for the sale of prepackaged food products, sandwiches, household products and other goods, normally associated with a convenience store.
AUTOMOTIVE WASHAny building or premises which is devoted to the business of washing automobiles for a fee, whether by automated cleaning devises or otherwise.
AUTOMOTIVE WRECKINGThe dismantling or disassembling of motor vehicles or trailers or the storage, sale, or dumping of dismantled, obsolete, or wrecked vehicles or their parts.
BAR (PUB or TAVERN)An establishment in which the primary use is the retail sale and serving of alcoholic beverages to the general public and where food and packaged goods may be served or sold only as an accessory use.
BASEMENTA story of a building, partially underground, having at least 1/2 its height above the average level of adjoining ground. A basement shall be counted a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes. See also "cellar."
BED-AND-BREAKFASTA owner- or operator-occupied house, or portion thereof, where short-term, transient lodging rooms, meals (generally breakfast), and parking are provided. The number of lodging rooms to be occupied by guests shall not exceed five, and the maximum consecutive stay for any guest shall be fourteen days.
BERMA mound of earth used as a physical barrier to shield and buffer uses and views, to control water drainage, or to act as a dam.
BILLBOARDA sign that identifies or communicates an advertisement related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
BOARDINGHOUSEAn owner-occupied house with nontransient lodging for two to five persons, where meals, personal, and financial service may be offered for compensation.
BUFFERAn area on a site, generally located adjacent to or parallel with the property line, consisting of existing vegetation to be supplemented by or created with evergreen trees, deciduous trees, shrubs, fences, berms, or walls, with the purpose of visibly separating and screening one land use from another or to shield and block noise, lights, and other nuisances.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUILDING COVERAGEThe ratio of the horizontal area measured from the exterior walls of the ground floor of all principal and accessory structures on a lot to the total lot area.
[Amended 11-3-2014 by Ord. No. 1557]
BUILDING ENVELOPEThe three-dimensional space in which a structure is permitted to be built on a lot, defined by the maximum height, minimum yard setbacks, and any other applicable area and bulk requirements.
BUILDING HEIGHTThe vertical distance measured to the highest point of the building or structure from the average elevation of the finished grade five feet from the foundation. Masts, flagpoles, monuments, chimneys, church spires, clock towers, elevator bulkheads, radio and cellular towers, water tanks, air-conditioning units or similar structures shall not be considered in measuring building height unless they exceed, in aggregate, 25% of the roof area.
BUILDING LINEA line parallel to the street line at a distance therefrom and equal to the depth of the required front yard.
CALIPERThe diameter of a tree trunk, generally measured between six and twelve inches from existing grade.
CARTWAYThe paved surface of a street, such as the portion between the curbs, including travel lanes and parking areas, or the portion between the edges of the paved width where there are no curbs. However, shoulders, curbs, sidewalks, and swales are excluded.
CELLARA story of a building, located partially underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
CERTIFICATE OF APPROPRIATENESSA document that is issued by the Historic Preservation Commission, following a prescribed series of hearings and procedures, certifying that the proposed actions by an applicant are found to be acceptable in terms of the review standards set forth in this chapter relating to an individual historic site or historic district as a whole.
CERTIFICATE OF OCCUPANCY (CO)A document issued by a Borough officer allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all the applicable Borough codes and ordinances.
CHANGE IN USEAny use which substantially differs from the previous use of a building or land. A use shall be considered to be substantially different if the first digit Standard Industrial Code (SIC) code for the proposed use differs from the first digit SIC code for the previous use. All changes for the proposed use require application to the Zoning Officer and/or Planning Board. A complete list of the SIC codes can be found at the end of this chapter.
[Amended 5-3-2004 by Ord. No. 1334; 11-2-2020 by Ord. No. 1692]
CHILD-CARE CENTERAn establishment providing for the care, supervision, and protection of children. See also "family day-care homes" and "child-care center, licensed."
CHILD-CARE CENTER, LICENSEDA building or structure in which daytime instruction or supervision is given to more than 5 children outside their home for more than three but less than 16 hours per day by an individual, association, corporation, institution or agency, usually for compensation. Such a center is licensed by the state and must meet all state requirements
CHURCHA building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
CLINICAn ambulatory health care facility where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, psychologists, social workers or medical or social work professionals.
COMMERCIAL USEActivity involving the sale of goods or services carried out, generally, for profit.
COMMERCIAL VEHICLEAny motor vehicle used for commercial purposes, in interstate or intrastate commerce, for the transportation of persons for hire, compensation or profit. The display of "commercial," "omnibus" or "constructor" registration plates on any motor vehicle shall, for the purposes of this chapter, be prima facie evidence that the vehicle is a commercial vehicle.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED (CRDD)A residential facility, licensed by the state, providing food, shelter, and personal guidance, with supervision, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community. The term shall include but not be limited to group homes, halfway houses, intermediate care facilities, and supervised apartment living arrangements.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESA community residential facility, licensed by the state, providing food, shelter, and personal guidance, with supervision, to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community. The term shall include but not be limited to group homes, halfway houses, intermediate care facilities, and supervised apartment living arrangements.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILLAny 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 RESIDENTIAL HOMEA dwelling unit licensed to serve clients of an appropriate governmental department that provides a living environment for unrelated residents who operate as the functional equivalent of a family, including supervision and care of supportive staff as may be necessary to meet the physical, emotional and social need of the persons residing in such facility as defined in the appropriate statute.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEA residence providing food, shelter, medical care, legal assistance, personal guidance, and other services to 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.
COMPACT CARAny motor vehicle that does not exceed fifteen feet in length, bumper to bumper, and does not exceed five feet, nine inches in width.
CONDITIONAL USEA use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter and authorized by the approving agency.
CONVENIENCE or GENERAL STOREThe store, less than 5,000 square feet in size, where the primary business is the sale of packaged goods and/or groceries and a wide variety of sundries, including but not limited to food, beverages, cigarettes, candy, confectionary items, film and film processing, small appliances, clothing, toys, nonprescription medicines, cards, pain relievers and pharmacy items purchased with or without prescriptions, health, hygiene and medical aides and supplies, refrigerated items, cosmetics, paper products, seasonal decorations and similar items.
[Added 3-3-2002 by Ord. No. 1306]
CUL-DE-SACA turnaround at the end of a dead-end street, often used to describe the street itself, which is a street with one means of ingress and egress and having a turnaround.
CURB CUTThe opening along the curb line at which point vehicles may enter or leave the roadway.
DAY CAREDaytime instruction or supervision of three or more children away from their home for more than three but less than 16 hours per day by an individual, association, corporation, institution or agency, whether or not for compensation or reward.
DAY-CARE CENTERSee "child-care center, licensed" or "family day-care home."
DECIDUOUSPlants that annually drop their leaves prior to becoming dormant for the winter months.
DECKA structure attached or adjacent to a principal building and having a roof or, in the absence of a roof, having at least a portion of the structure more than one foot above mean finished grade. A deck shall comply with the yard and building coverage requirements for a principal building. An unenclosed structure less than or equal to 60 square feet in area and used to serve a preexisting entrance into the main level of the principal residence is not considered a deck; these structures are to comply only with the requirements of the building code for consideration of this type structure.
DEDICATIONThe transfer of property by the owner to another party.
DEMOLITIONThe partial or total razing or destruction of a primary structure or improvement within the Borough of Collingswood.
[Amended 3-4-2002 by Ord. No. 1286]
A. Demolition of structures is hereby considered development. No structure on any lot or lots shall be demolished without first having had approval of a site plan for the lot or lots and/or the development thereon after demolition. A plan must be approved by the Planning Board and include the reuse of the site.
B. Exemptions.
(1) Accessory buildings shall be exempt from Planning Board approval; however, all applicable permits must be obtained
(2) In the interest of public safety, the Construction Official shall be authorized to issue permits without Planning Board approval if he determines that a structure is an immanent hazard.
DENSITYThe number of families, individuals, dwelling units, households, or housing structures per unit of land. For zoning purposes, this usually refers to number of dwelling units per acre of land unless stated otherwise.
DENSITY, GROSSDensity calculation, including all the area within a certain boundary, excluding nothing.
DENSITY, NETDensity calculation excluding certain areas, such as streets, wetlands, easements, and water.
DETENTION BASINA facility for the temporary storage of stormwater runoff. See also "retention basin."
DEVELOPMENTThe division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and the use, the extension of the use or the change of use of any structure or land.
DEVELOPMENT, MINORAny development involving three or fewer lots and/or involving a land area of less than five acres or not requiring a general development plan or the extension or construction of any new streets to other municipal or governmental facilities
DISTRICTA part, zone, or geographic area within the Borough within which certain zoning or development regulations apply.
DRAINAGEThe removal of surface water or groundwater from lands by drains, grading, or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRIPLINEAn imaginary ground line around a tree that defines the limits of the tree canopy.
DRIVE-IN FACILITYAn establishment that by design, physical facilities, service, or by packaging procedure encourages or permits customers to receive services, products, goods or entertainment while remaining in their automobiles.
DRIVEWAYA private roadway providing access to and from a street.
DRUGSTOREA store where the primary business is the filling of medical prescriptions, under the supervision of a registered pharmacist, and the sale of drugs, medical devices and supplies and nonprescription medicines, but where nonmedicinal products such as toiletries, cards and stationery, candies and cosmetics, are sold as well. See also "pharmacy."
DWELLINGA structure or portion thereof that is used exclusively for human habitation.
DWELLING, CONDOMINIUMA building or group of buildings in which each individual single-family residential unit is individually owned, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
DWELLING, DUPLEXA building, containing two single-family dwelling units, totally separated by an unpierced wall extending from ground to roof.
DWELLING, EFFICIENCYA dwelling unit containing not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.
DWELLING, MULTIFAMILYA building or portion thereof containing more than two dwelling units, including but not limited to:
A. GARDEN APARTMENTOne or more two-story, multifamily structures, generally built at a gross density of 10 to 15 dwelling units per acre, with each structure containing four to twenty dwelling units and related improvements such as parking, open space, and recreation.
B. MID-RISEAn apartment building containing from three to seven stories.
C. HIGH-RISEAn apartment building containing more than eight stories.
DWELLING, SINGLE-FAMILY ATTACHEDA dwelling unit in a row of three or more dwelling units separated from each other by a common wall extending from the foundation to the roof.
DWELLING, SINGLE-FAMILY DETACHEDA dwelling designed for and occupied by not more than one family unit and surrounded by open space or yards and having no floor, roof, or wall in common with another dwelling unit.
DWELLING, TOWNHOUSEA residential structure, of not more than three stories, containing not less than three adjacent such structures, each with its own front or side and rear entrance and physically separated from another unit by vertical common fire-resistant walls. Each unit is intended for its own separate sale.
DWELLING, TWO-FAMILYA detached building containing two dwelling units that may or may not share amenities, such as an entranceway or driveway. See also "dwelling, duplex."
DWELLING UNITOne or more rooms designed, arranged for, and occupied by one or more individuals living together as a single family maintaining a household, with exclusive cooking, living, sanitary and sleeping facilities, fixed or portable. Each dwelling unit shall contain no more than one kitchen or cooking facility.
[Amended 5-3-2004 by Ord. No. 1334]
EASEMENTA grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, and /or another person or entity.
ELEVATIONA vertical distance above or below a fixed reference level
ELEVATION DRAWINGA fully dimensioned architectural rendering of the front, rear, and sides of a building showing features such as windows, doors, and relationship of grade to floor level.
ENLARGEMENTAn increase in the size of an existing structure or any increase or expansion in the current use, including physical size of property, building, parking, and other improvements.
EVERGREENA plant with foliage that remains green year round.
EXISTING USEThe use of a lot or structure at the time of the enactment of the zoning ordinance or at the time of submission of a development application
EXTENSIONAn increase in the amount of existing floor area of an existing structure
FACADEThe exterior walls of a building exposed to public view, usually referencing the front of the structure, visible from the street.
FAMILYOne or more persons related by blood, marriage, adoption or guardianship or any number of persons not so related occupying a dwelling unit and living as a single housekeeping unit.
FAMILY DAY-CARE HOMESThe private, occupied 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 (N.J.S.A. 30:5B-16 et seq.). Child-care services are provided to no less than three and no more than five children, not including the provider's own children, for no less than 15 hours per week.
FARM STANDAny building or structure used for the display and sale of farm and agricultural products.
FINANCIAL INSTITUTIONAny corporation, foreign or domestic, partnership, limited-liability company or any individual which engages principally in the business of providing financial services such as investment advice, the purchase and sale of investments and similar services.
[Added 12-3-2007 by Ord. No. 1440]
FENCEAn artificially constructed barrier of any material or combination of material erected to enclose, screen or separate areas.
FLOOR AREA, GROSSThe sum of gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls or from the center line of a wall separating two buildings. In residential uses, the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7.5 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and other mechanical equipment but shall include all other areas, including cellars and warehousing and storage areas, regardless of ceiling height.
FLOOR AREA RATIOThe total gross floor area of all buildings or structures on a lot divided by the total lot area.
FOOTCANDLEA unit of illumination when the foot is the unit of length.
FRATERNAL ORGANIZATIONA group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements.
FRONTAGEThe side of a lot abutting on a street. On corner lots, primary frontage will be considered to be the side of the lot on which the main building entrance is located. If a corner lot is undeveloped, frontage shall be consistent with the orientation of other lots on the same side of the street. "Secondary frontage" will be the side of the lot that fronts onto the other street. Ingress and egress to and from the site may be provided from either the primary or secondary frontage.
GARAGEA deck, building, or parking structure, or portion thereof, used or intended to be used for the parking and storage of vehicles.
GRADEThe percent rise or decent of a sloping surface
GRADE, EXISTINGThe average elevation of the land around a building or proposed building
GROUND COVERLow-lying grasses or plants grown to form a dense, mat-like covering to prevent the growth of unwanted plants and to keep the soil from being washed, blown or eroded away.
GROUP HOMESsee "community residential home" or "senior citizen housing."
GROSS VEHICLE WEIGHTThe combined weight of the vehicle and the rated payload. For the purposes of this chapter, the gross weight as stated on the vehicle's registration certificate shall be prima facie evidence of the vehicle's gross vehicle weight.
HEALTH CARE FACILITYA facility or institution, whether public or private, principally engaged in providing services for health maintenance and treatment of metal or physical conditions, including but not limited to: hospitals, treatment or diagnostic centers, extended care facilities, rehabilitation centers, outpatient clinics, and medical offices.
HISTORIC DISTRICTOne or more historic sites and the intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITEAny real property, man-made structure, natural object or configuration of any portion or group of the foregoing which has been formally designated by ordinance of the Borough as being of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATIONAny activity carried out for gain by a resident, conducted as a customary, incidental, and accessory use in the resident's dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOME PERSONAL OFFICEA business use within a dwelling used solely by an inhabitant(s) thereof for the administration of business engaged in other off-site offices or locations. Home personal offices shall be clearly incidental to the use of the dwelling, shall not constitute more than 10% of the building area, shall be for the use of the business owner or employee dwelling in the residence and shall not be used by nonresident employees. Retail sale of products is not permitted.
HOME PROFESSIONAL OFFICEAn office of a professional used as the primary location for the operation and function of a home occupation, contained solely within the residential dwelling or an accessory building, but not both. A home professional office shall occupy less than 500 square feet or the equivalent of 40% of the first floor, whichever is less. No more than two persons who are not residents of the dwelling may be employed on the premises at any one time.
HOTELA commercial facility, containing at least 20 individual sleeping rooms, each having a private bath attached thereto, offering transient, overnight lodging accommodations to the general public, with or without meals, and in which ingress and egress to and from all rooms may be made through an inside office or lobby. Additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities may be provided. See also "bed-and-breakfast."
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a stable rather than transient basis, where the occupants share the ordinary tasks of living in a dwelling unit such as but not limited to cooking and eating together, sharing inside and outside chores and performing other functional duties and otherwise exhibiting a kind of stability, permanency and functional life-style which is equivalent to that of a traditional family unit.
IMPERVIOUS COVERAGEThe coverage of a lot by impervious surfaces, including, but not limited to sidewalks, driveways, buildings, and other paved surfaces or compact gravel surfaces.
IMPROVEMENTAny permanent structure that becomes part of, placed upon, or is affixed to a piece of property.
JUNKYARDA lot, land, or structure or part thereof used for the purchase, collection, storage, recycling, or sale of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or vehicles.
LANDGround, soil, or earth.
LANDSCAPELawns, trees, plants and other natural materials such as rock, wood chips, and decorative features, including sculpture, walks, fountains and pools, which are a natural feature of the site or have been installed to enhance a site.
LIMITED BREWERYA commercial facility, which shall not sell or serve food or operate a restaurant, which brews any malt alcoholic beverages in quantities for which it is licensed by the Alcoholic Beverage Commission and which sells the product at retail to consumers on the licensed premises of the brewery for consumption on the premises but only in connection with tours of the brewery, or for consumption off premises in a quantity of not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only. "Sampling" shall mean the selling at a nominal charge or the gratuitous offering of an open container not exceeding four ounces of any malt alcoholic beverage produced on the premises.
[Added 8-3-2015 by Ord. No. 1577]
LOADING SPACEAn off-street space or berth on the same lot as the building being served, used for the temporary parking of a vehicle while loading or unloading materials and products.
LOCAL COMMUNICATIONS FACILITYAny antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communications, including digital and analog telephone cells, paging systems, and dispatch communication. It does not include radio or television broadcasting facilities or microwave transmitters.
LODGEA building or structure in which members of a local chapter of an association or fraternal, religious, or cultural organization hold their meetings and other events.
LONG-TERM CARE FACILITYAn institution or distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours to two or more patients. Such facilities include skilled nursing facilities, nursing homes, intermediate care facilities, extended care facilities, and hospices.
LOTA designated parcel, tract, or area of land established by plat or otherwise permitted by law to be separately owned, used, developed, or built upon as a unit.
LOT AREAThe size of a lot measured within the lot lines and not including any portion of a street and is expressed in acres or square feet. Where a portion of a lot must be dedicated for public right-of-way widening, that dedicated area may be included in the calculation of the lot area.
LOT, CORNERA lot located at the intersection of two or more streets. In determining setbacks for corner lots, the primary frontage shall be the portion of the lot to accommodate the front yard setback, therefore the secondary frontage shall comply with the required side yard setback. See also "frontage."
LOT DEPTHThe average or mean horizontal distance between the front and rear lot lines measured perpendicular to the front lot line.
LOT LINEA line of record bounding a lot that divides one lot from another lot or from a public or private right-of-way or any other public space.
LOT LINE, FRONTThe line drawn between the right-of-way and the property boundary. On a corner lot, the line between the primary frontage and the right-of way will be the front lot line. On a double-frontage lot, each property boundary adjacent to the right-of-way shall be considered a front lot line.
LOT LINE, REARThat property boundary which is parallel to and the most distant from the front lot line.
LOT WIDTHThe distance between side lot lines, measured parallel to the street line at the minimum building setback.
MEDICAL PROFESSIONAL OFFICEThe office and associated examination facilities of a licensed physician, dentist, osteopath, chiropractor, podiatrist, or other licensed or accredited professional within the medical field. A medical testing laboratory shall be permitted under this definition only if it is accessory to the office of a medical professional.
MIXED-USE DEVELOPMENTThe development of a tract of land, building, or structure with a variety of complementary and integrated uses such as but not limited to, residential, office, manufacturing, retail, public, or entertainment in a compact urban form.
MOTELA commercial establishment providing overnight accommodations, containing 10 or more rooms, each having a private bath attached thereto, with at least 25% of the rooms having direct access to the outside without the necessity of passing through a main lobby of the building.
NONCONFORMING LOT, STRUCTURE, or USEA lot, structure, or use, which was lawful prior to the adoption, revision, or amendment of this zoning chapter but which fails to meet the requirements of the zoning district in which is located by reason of such adoption, revision or amendment.
NURSERY SCHOOLSee "child-care center, licensed" or "family day-care home."
OCCUPANCYThe residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.
OCCUPATIONGainful employment in which an individual engages to earn compensation.
OFFICEA room or group of rooms used for conducting the affairs of a business, profession, service, industry, government, or like activity, generally furnished with desks, chairs, files, and communication equipment, but where no retail sales or goods are offered and where no manufacturing, assembling or fabricating takes place.
OFF SITELocated outside the lot lines of the lot under review but within the property (of which that lot is a part) that is subject of a development application or within a contiguous portion of a street or other right-of-way.
OFF-SITE and OFF-TRACT IMPROVEMENTImprovements required to be made off site or off tract, respectively, to accommodate conditions generated by a proposed development, including but not limited to new improvements and extensions and modifications of existing improvements. See also "off site" and "off tract."
OFF TRACTNot located on the property that is the subject of a development application or on a contiguous portion of a street or other right-of-way.
ON SITELocated within the property boundaries of the lot in question.
ORNAMENTAL TREEA deciduous tree planted primarily for its ornamental value or for screening purposes.
OUTDOOR STORAGEThe keeping of any goods, junk, material, merchandise, or vehicles in an unenclosed area in the same place for more than 24 hours.
PARCELAny quantity of land, consisting of one or more lots, that is capable of being described with such definiteness, such as common ownership, that its location and boundaries can be defined.
PARKING AREAAny public or private area designed for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of Borough streets.
PARKING BAYThe parking module consisting of one or two rows of parking spaces and the aisle from which the motor vehicles enter and leave the spaces.
PERMITTED USEAny use of land or buildings permitted in a certain district by this chapter and subject to the restriction applicable to that district.
PERSONAny individual, firm, partnership, association, corporation, company or organization of any kind.
PHARMACYAn establishment where prescription and nonprescription drugs are prepared and dispensed. See also "drugstore."
PLATA map of a subdivision or site plan.
PLAT, FINALThe map of all or a portion of a development (subdivision or site plan) which is submitted and presented to the approving authority for final approval.
PLAT, INFORMALThe concept, informal map of a proposed development of sufficient accuracy which is submitted for purposes of nonbinding discussion and clarification.
PLAT, PRELIMINARYThe map indicating the proposed layout of a development (subdivision or site plan) which is submitted to the approving authority for preliminary approval.
PORCHA roofed, open structure, which may be screen, usually attached to or part of and with direct access to or from a building.
PREMISESA lot, parcel, tract or plot of land, together with the buildings and structures thereon.
PRINCIPAL USEThe main purpose for which any lot and/or building is used.
PROFESSIONAL OFFICEThe office of a member of a recognized profession which shall be professional in character and require at least a bachelor's degree from an accredited college or university and licensing, training and experience as a condition for the practice thereof. The issuance of New Jersey or local license for regulation of an occupation shall not alone be deemed indicative of professional standing. When such office is combined with a residence, the conditions of a home personal office or home professional office shall apply.
PROPERTYA lot, parcel, or tract of land, together with the building and structures located thereon.
PUBLIC HEARINGA meeting announced and advertised in advance, in accordance with all required laws, and open to the public, where the public is given an opportunity to talk and participate.
PUBLIC NOTICEThe advertisement of a public hearing in a paper of general circulation and through other media sources, indicating the time, place and nature of the public hearing and where and when the application and pertinent documentation may be inspected.
PUBLIC PURPOSEThe use of land and/or buildings by a municipal, county, state or federal agency or authority.
QUORUMA majority of the full authorized membership of a board or agency.
RECYCLINGThe process by which waste products are reduced to raw materials and transformed into new and often different products.
REHABILITATIONThe upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.
REMODELTo construct an addition or alter the design or layout of a building or make substantial repairs or alterations so that a change or modification of the entrance facilities, toilet facilities, or vertical access facilities is achieved.
RENTA periodic payment made by a tenant to a landlord for the use of land, buildings, structures, or other property, or portions thereof.
REPAIRAny work done on an improvement which:
A. Is not an addition to the improvement; and
B. Does not change the appearance of the exterior surface of any improvement.
REPLACEMENTRepairs for which a building permit is required.
RESIDENCEA home, abode, or place where an individual is actually living at a specific point in time.
RESTAURANTA commercial establishment where food and drink are prepared, served and consumed primarily on the premises. Take-out orders for food and drink placed either in person, by telephone, fax, or e-mail may be prepared and served to the customer directly for consumption off site if this function is accessory to the primary use of a restaurant and no drive-through facilities are provided.
RESTAURANT, FAST-FOODA commercial establishment whose principal business is the sale of foods or beverages in ready-to-consume individual servings (usually served in paper, plastic, or other disposable containers) either for carry-out or for consumption within the restaurant building whose design and principal method of operation encourages high-turnover dining and where either:
A. Customers are not usually served their order by a restaurant employee at the same table or counter where the items are consumed; or
B. The establishment contains a drive-through facility.
RESTORATIONThe replication or reconstruction of a building's original architectural features.
RETAIL BANKA depository or similar institution chartered by the federal government, the State of New Jersey or any other state and authorized to do business in New Jersey which maintains hours of operation of no less than six hours for five days each week and which engages principally in the receipt of deposits of currency, checks or other items, the payment of withdrawals from savings, checking or similar accounts, the cashing of checks, drafts and other items, the receipt of monies due to the bank, the issuance of cashiers’ checks, treasurers’ checks and money orders and similar transactions.
[Added 12-3-2007 by Ord. No. 1440]
RETENTION BASINA pond, pool, or basin used for the permanent storage of water runoff.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation, and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipelines, waterline, sanitary storm sewer and other similar uses.
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or bizarre costumes, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained.
SATELLITE DISH ANTENNAA saucer- or circular-shaped antenna functioning as an antenna for reception of communications from a transmitter or a transmitter relay located in planetary orbit. Such objects are also known as "satellite dishes," "satellite earth stations" and "home video stations."
SCHOOLAny building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.
SCHOOL, PAROCHIALA school supported and controlled by a church or religious organization. See also "school, private."
SCHOOL, PRIVATEAny building or group of buildings, the use of which meets New Jersey state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from public sources.
SCREENA structure or planting providing a continuous view obstruction within the site or property consisting of evergreen plants, fencing, wall, berming, or any harmonious combination thereof, the purpose of which is to reduce the impact of noise or unsightly visual intrusion.
SENIOR CITIZEN HOUSINGMultifamily housing designed for the elderly. These types included but are not limited to:
A. ASSISTED LIVING FACILITIESResidences for the elderly that provide rooms, meals, personal care, and the supervision of self-administered medication. Other services such as recreation, financial services, and transportation may be provided as well.
B. CONGREGATE HOUSINGApartments or other rental dwellings, usually for elderly persons, designed to provide a supportive environment with services such as dining, housekeeping, social and recreational activities, and transportation but also to accommodate a relatively independent lifestyle.
C. CONTINUING CARE RETIREMENT COMMUNITYAn age-restricted housing development that is planned, designed, and operated to provide a full-range and continuum of accommodations and services for older adults, including independent living, congregate housing, and medical care. Services vary on the needs of the patient and are contracted for in exchange for the payment of monthly fees and a substantial entrance fee.
D. LONG-TERM CARE FACILITYAn institution or distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours to two or more patients. Such facilities include skilled nursing facilities, nursing homes, intermediate care facilities, extended care facilities, and hospices.
E. RESIDENTIAL HEALTH CARE FACILITYResidences usually occupied by frail elderly that provide rooms, meals, personal care and health monitoring services under the supervision of a professional nurse that may provide other services such as recreational, social and cultural activities, financial services and transportation. Residents must be ambulatory and free of communicable diseases. Rooms and baths may be either private or shared.
SETBACKThe distance between a building and any lot line.
SETBACK, AVERAGEThe mean setback from a common street right-of-way of all buildings within a specified distance of a specific lot.
SETBACK LINEThat line which is the required minimum distance from any lot line and that establishes the building envelope within which the principal structure must be erected or placed. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the either then existing right-of-way, unless the proposed right-of-way as shown on the adopted Master Plan is greater, in which case the proposed right-of-way should be used.
SEXUAL CONDUCTHuman masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SHADE TREEA tree, usually deciduous, planted primarily for overhead canopy.
SHOPPING CENTERA group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
SHOPPING CENTER, COMMUNITYA shopping center that contains a junior department store, contains approximately 150,000 square feet of gross leasable area, and is ranged in site size from 10 acres to 25 acres. Its clientele are within a ten-minute drive of the center.
SHOPPING CENTER, NEIGHBORHOODA shopping center that generally offers goods necessary to meet daily needs, occupies no more than 10 acres, and has up to 100,000 square feet of gross leasable area. Its clientele are within a five-minute driving radius from the center.
SHOPPING CENTER, REGIONALA shopping center that contains a wide range of retail and service establishments, occupies 50 to 100 acres of land, and has at least one or more anchor stores, and contains a total of more than 400,000 square feet of gross leasable area. Its clientele are drawn from within a forty-five-minute driving radius.
SHOPPING CENTER, SPECIALTYA shopping center whose shops cater to a specific market and are linked together by an architectural, historic, or geographic theme or by a commonality of goods and services. The specialty shopping center is between 100,000 square feet and 200,000 square feet consisting of small shops.
SHRUBAny woody plant, deciduous or evergreen, generally multistemmed, classified and sold by height or spread, measured in inches or feet, and usually smaller than a tree.
SIDEWALKA paved, surface, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIGHT TRIANGLEA triangular-shaped portion of land at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting streets, usually through a sight easement.
SIGNSSee Article
IX of this chapter for a complete list of sign definitions.
SITEAny plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLANA development plan of one or more lots on which is shown the existing conditions of the lot such as topography, vegetation, drainage, waterways; the proposed conditions of the lot such as buildings, drives, parking areas, walkways, means of ingress and egress, landscaping, lighting, drainage facilities, and screening; and any additional information needed by the approving authority to make an informed decision on its approval.
SITE PLAN, EXEMPTA site plan approval shall not be required for single-family detached or two-family dwellings unless such dwellings involve a home occupation. Building alterations which do not involve a change in use, additional parking or additional building area shall be exempt.
SITE PLAN, MAJORAll site plans for new developments but not including those site plans defined as "minor" or "exempt."
SITE PLAN, MINORA site plan that does not adversely affect the development of the remainder of the tract or any adjoining property. It involves fewer than five parking spaces, fewer than 500 additional square feet of floor area, or an addition to the total lot coverage of less than 10%. Also, it does not involve the creation of more than 2 lots, any new street or any extension of the off-tract improvement.
SITE PLAN REVIEWThe examination of the specific development plans for a lot. The term "site plan approval" means a requirement that the minor or major site plan be approved by the approving authority prior to the issuance of a building permit or a certificate of occupancy.
SPECIFIED ANATOMICAL AREA:A. Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.
B. Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY:A. Human genitals in a state of sexual stimulation or arousal.
B. Any act of human masturbation, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
STORYThe part of any building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part between the highest finished floor and the top of the roof beams.
STORY, HALFAny space partially within the roof framing where the clear height of not more than 75% of such space between the top of the floor beams and the structural ceiling is seven feet, six inches or more.
STREETAny vehicle way which is an existing state, county, or municipal roadway or is shown on a plat hereto approved pursuant to law or is approved by official action pursuant to N.J.S.A. 40:55D-1 et seq. or is shown upon a plat that was duly filed and recorded in the office of the County Clerk prior to the appointment of a Planning Board and the granting to such Board of the power to review the plats. Further, the street includes the land between the right-of-way lines, whether improved or not, and may comprise pavements, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the right-of-way lines.
STREET LINEThe edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street right-of-way and the lot.
STREET TREEA deciduous tree planted primarily to provide shade and visual harmony along a roadway with minimum installation size of 13 feet in height, two and one half inch caliper and limbed to a minimum height of seven feet.
STRUCTUREA combination of materials to form a construction for occupancy, use, or ornamentation having a fixed location on, above, or below the surface of land or attached to something having a fixed location on, above, or below the surface of land.
STUDIOThe workshop of an artist, sculptor, photographer, or craftsperson.
SUBDIVISIONThe division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions of land for sale, development, lease, or preservation. The following are not considered subdivisions:
A. Divisions of land for agricultural purposes where resulting parcels are five acres or larger in size;
B. Divisions of property by testamentary or interstate provisions;
C. Divisions of property upon court order, including but not limited to judgments of foreclosure; and
D. Conveyance so as to combine existing lots by deed or other instrument.
SUBDIVISION, MINORA subdivision of land that does not adversely affect the development of the remainder of the tract or any adjoining property and does not involve:
A. The creating of more than two lots;
D. The extension of any off-tract improvements.
TEMPORARY USEA use established for a limited time duration with the intent to discontinue such use upon expiration of the time period. Such uses do not involve the construction or alteration of any permanent building or structure. Unless a use is expressly permitted or permissible as a permanent use in a district pursuant to the provisions of this chapter, the temporary use is not permitted.
TERRACEA level, landscaped and/or surfaced area adjacent to a principal building at or within one foot of the mean finished grade and not covered by a permanent roof nor used to park any motor or recreational vehicles.
THEATERA building or portion thereof devoted to showing motion pictures or for dramatic, musical, or other live performances. Seating shall be provided for all patrons in an auditorium manner. All sitting areas shall be visible and unobstructed.
THOROUGHFAREAny public or private street, alley, walkway or parking facility accessible to the public.
TOT-LOTAn improved and equipped play area for small children usually up to elementary school age.
TRACTAn area, parcel, site, piece of land, or property that is the subject of a development application.
TREEAny large, woody plant, deciduous or evergreen, having one or more self-supporting stems or trunks and numerous branches.
USEThe purpose or activity for which land or buildings are designed, arranged, or intended or for which the land or buildings are occupied or maintained.
UTILITYServices, including but not limited to sewage treatment, water supply, gas, electric, telephone and cable television.
VACANCYAny unoccupied land, structure, or part thereof that is available and suitable for occupancy.
VARIANCEPermission to depart from the literal requirements of a zoning ordinance.
VEGETATIONAny plant material, including grasses, shrubs, and trees.
VEHICLE SALESThe use of any building, land, or other premises for the display and sales of new or used trailers, recreational vehicles, off-road vehicles, including any vehicle preparation or repair work conducted as an accessory use only. See also "automobile sales."
WAIVERPermission to depart from the requirements of an ordinance with respect to submission or required documentation or minor design elements.
YARDAn open space extending between the closest point of any building and any lot line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades.
YARD, FRONTThe area extending across the full width of the lot between the street lot line and a line parallel to the street line through the nearest point of the principal building to the street lot line. No residential accessory uses are permitted within the front yard.
YARD, REARThe open space extending across the full width of the lot between the rear lot line and a line parallel to the rear lot line through the nearest point of the principal building to the rear lot line. All residential accessory uses must be located in the rear or side yard.
YARD, REQUIREDThe open space between a lot line and the yard line within which no structure shall be located except as provided in this chapter .
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the building, measured perpendicular from the side lot line to the nearest point of the principal building. All residential accessory uses must be located in the rear or side yard.
ZERO LOT LINEThe location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
ZONING PERMITA document signed by the Borough's Zoning Officer, as required in this chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure, sign, or building that acknowledges that such use, structure, sign, or building complies with the provisions of this chapter or authorized variance.