A use, structure or building subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In the case of an accessory structure or building, it shall be detached from the principal building and shall not occupy an area greater than 25% of the area of the rear or side yard.

A nonresidential facility typically operating for no more than 12 hours per day, providing meals, general supervision, social and recreational activities for elderly persons and/or persons with development or physical disabilities. Residential and/or overnight services are not provided.

A change in the size or shape of an existing sign, provided that a change in the copy or color of an existing sign or the changing or replacing of a sign face or pane on an existing sign, without any change in the size or shape of the sign, is not an alteration.

A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical or electronic means, which are differentiated from changeable signs as defined and regulated by this Code, including the following types:

A structure within which are sold paintings, statuary, sculpture and other works of art.

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

See "gasoline station."

An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid and/or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

A sign displayed on or attached flat against the surface or surfaces or an awning.

A flexible substrate on which copy or graphics may be displayed.

A mound of earth, either natural or constructed, used for one or more of the following purposes: screen, buffer, separator, landscape feature, noise attenuator, dam, or stormwater control.

The total area taken on a horizontal plane at the main grade level of the principal building, exclusive of uncovered porches, terraces, steps and eave overhangs.

A portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation.

The vertical distance measured from the curb level, as defined, to the extreme high point of the building, exclusive of a chimney, weather vane or similar structure.

A line parallel to the front lot line and removed from it by the depth of the minimum front yard distance.

Written authorization by the Zoning Officer or his assistant that all of the provisions of this chapter have been complied with for a proposed new structure or reconstruction or alteration of an existing structure.

A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the zone lot on which it is located.

A sign that is applied or affixed to a building.

A multisided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.

A story partly above the curb level and having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground. No cellar or portion thereof shall be used as a separate dwelling unit or included as part of the minimum required floor area for a residence.

A sign with the capability of content change by means of manual or remote input, includes the following types:

A group of people formally organized with a common purpose or interest, to pursue common goals, interests or activities and typically characterized by certain membership qualifications, payment of fees and dues, regular meetings and bylaws or other organizational system. Clubs and fraternal organizations operate solely for benevolent, charitable, fraternal, social, religious, athletic or similar purposes and not for private gain.

The regulations adopted by the New Jersey Council on Affordable Housing as set forth in N.J.A.C. 5:93-1.1 et seq., as amended for time to time hereafter.

Any vehicle other than a station wagon or passenger car registered by any duly authorized governmental authority as a commercial vehicle and displaying commercial plates.

A use which, because of its unique and/or nuisance characteristics, requires individual consideration in each case. For purposes of this chapter, a conditional use is one designated in Article IV of this chapter.

A sign that is legally installed in conformance with all prevailing jurisdictional laws and ordinances.

Roll-off waste container transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.

Any open, unoccupied area which is bounded by three or more attached building walls.

The ratio of horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.

The ratio of impervious material coverage to the total lot area. Impervious materials are any material that reduces or prevents absorption of stormwater into land and which reduces percolation to a rate slower than 120 minutes per inch.

The permanently established natural grade at the midpoint of the front building line.

Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

The amount of time a message and/or graphic is displayed on an electronic message sign.

Any portion of the territory of the Borough of Emerson within which certain uniform regulations or various combinations thereof apply under the provisions of this chapter.

A sign with two faces, back to back.

A structure where food and/or drink is sold ready for consumption and where a substantial portion of the customers consume the food and/or drink elsewhere than at the structure.

A dwelling designed for and occupied by two families as separate household units, with separate entrances but under one roof with a small firewall between them, but no interior connection between the two.

Any structure or portion thereof designed or used primarily as the residence or sleeping place of one or more persons. A dwelling is not a mobile home, hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boardinghouse or similar structure under the terms of this chapter.

A detached building, designated for or occupied by one family and containing not more than one dwelling unit.

One or more rooms, including cooking facilities and sanitary facilities, in a structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.

Public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the state. Educational uses shall also include institutions of higher education duly licensed by the Office of the Secretary of Higher Education. Summer day camps shall not be considered as educational uses or accessories to such uses.

An electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle.

An electronically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location.

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Essential services shall include firehouses, first-aid and emergency aid squads and CATV, whether provided by a municipal or nonprofit agency.

Any sign placed outside a building.

A sign characterized by the use of artificial light reflecting off its surface(s).

Two or more persons related by blood or marriage, or up to four unrelated individuals, living together as a single housekeeping unit in a dwelling.

The final elevations of lawns, landscaped areas, driveways, walks and roads, as shown on the approved plat or plot plan.

See "animated sign, electrically activated."

The sum of the gross horizontal area of the several stories of a building. Floor area shall not include cellar space or any floor space where the average floor-to-ceiling height is less than seven feet.

Particles, such as soot, of gas-borne matter (not including process material) arising from the combustion of solid fuel, such as coal or wood.

An English unit of measurement of the amount of light falling upon a surface (illuminance). One footcandle is equal to one lumen per square foot.

A sign principally supported by one or more columns, poles or braces placed in or upon the ground.

A detached or attached structure used only for the storage of vehicles owned or rented by the occupant of the principal structure or by his family.

Any garage other than a private garage which is open to the public and used solely for the storage of motor vehicles.

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, cleaning or servicing such motor vehicles or their component parts.

An accessory use which is customarily carried on in a dwelling unit; is carried on by an occupant of the dwelling unit; and is clearly incidental or secondary to the residential use of the dwelling unit.

A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.

The amount of light falling upon a real or imaginary surface, commonly called "light level" or illumination. Measured in footcandles (lumens/square foot) in the English system and lux (lumens/square meter) in the SI (metric) system.

Any sign that has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes, or LED (light emitting diode) technology as a part of the sign proper.

A sign characterized by the use of artificial light projecting through its surface(s).

The Land Use Board of the Borough of Emerson.

Any room used for normal living purposes in a residence structure, but not including a kitchen, laundry room, bathroom or storeroom.

The area within the wall exteriors above the main grade level, but excluding cellars, attics, garages or porches.

The building where members of a local club or fraternal organization hold their meetings.

A piece or parcel of land or assemblage of recorded contiguous parcels of land occupied or intended to be occupied by a single principal building and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.

A composite of the mapped and written proposals recommending the physical development of the municipality, which shall have been duly adopted by the Land Use Board.[1]

An office containing establishments that provide medical, dental and health care services. Such offices would include, but not be limited to, doctor and dentists' offices, physical and occupational therapy offices, chiropractic care, speech therapy, alternative medicine, nutritional services, wellness centers, laboratories and x-ray facilities.

A series of attached dwelling structures, where each unit has convenient access to parking space for the use of the unit's occupant The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests, without provisions for cooking in any room or suite.

A sign containing three or more faces.

Any zone lot in single ownership, where the owner of said lot does not own any adjoining property, the subdivision of which could create one or more conforming lots, which does not conform to the minimum area and/or dimensions required in the district where such lot is situated or for any special use, as the case may be.

A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which no longer complies with subsequently enacted laws and ordinances having jurisdiction relative to the sign.

A structure or building which does not conform to the regulations of this chapter for the district in which it is located.

A building, structure or premises legally existing and/or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform to the use regulations of the district in which it is located.

Any zone other than the R-22.5, R-10 or R-7.5 Zone.

A school designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis.

Any premises meeting the standards of the New Jersey Department of Human Services to operate as a nursing home.

A permanent sign erected, maintained, or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

A sign erected and maintained for the purposes of the display of commercial or noncommercial messages appurtenant to the use of products sold on, or the sale or lease of, the property on which it is displayed.

An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee or as an accommodation for clients or customers.

Establishments primarily engaged in providing services involving the care of a person, health care services, or his/her personal goods or apparel.

A container designed, constructed and commonly used for nonpermanent placement on property for the purpose of temporary storage of personal property.

Any sign not permanently attached to the ground and can be removed without the use of tools.

A sign other than a wall sign that is attached to or projects from a building face or wall or from a structure whose primary purpose is other than the support of a sign.

A sign that is erected and maintained or used for a public purposes, to display a message by a governmental entity (school, municipal or county government) or a sign erected on public property.

See "freestanding sign."

Real estate signs include images or text that are printed on media for the purpose of providing all the necessary information about the real estate, realtor, or a real estate agent, broker, etc., in order to advertise the rental or sale of a building or property. For residential real estate signs the size is typically 24 inches by 18 inches and sometimes includes an additional rider along the top or bottom that is an additional six inches.

A church, mosque, synagogue, temple or other similar place of worship for teaching of religious studies.

Establishments engaged in the selling or rental of goods or merchandise, typically to the general public for personal use or household consumption, as well as business and institutional clients.

A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be a roof sign.

A dwelling unit containing rooms for the rooming and/or boarding of individuals.

Two or more commercial establishments in one or more structures on six or more acres of land designed and operated as a coordinated integrated entity with respect to parking, services, signs, etc. Uses may include permitted principal uses in the zone district in which the shopping center is located, as well as retail and personal service establishments, expanded pet care including but not limited to veterinarian and medical services, pet day care, grooming and boarding services, offices and office structures, theaters, recreational and entertainment facilities including those that involve social outings, the arts, group activities and physical exercise, meeting and convention facilities, museums and cultural facilities, electric vehicle charging stations, and uses accessory to all such permitted uses. Vehicular repair and maintenance shall not be permitted. Tattoo parlors shall not be permitted. Dog kennels and puppy mills, as defined in Chapter 140 of the Emerson Code, shall not be permitted. Vape shops shall not be permitted. Marijuana and cannabis-related uses and establishments shall not be permitted.

A portable sign located on private property or within the right-of-way in front of the business it advertises.

Any device visible from a public place whose essential purposes and designs is to convey either commercial or non-commercial message by means of graphic presentation or alphabetic or pictorial symbols or representations.[2]

The area upon which the lettering, illustration or display is presented included within the frame or edge of a sign, including the frame. Where the sign has no such frame or edge, the area shall be computed as specified in the Sign Chart.[3] The area of any double-sided or V-shaped sign shall be the area of the largest sign face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.

Trucks, trailers, and other vehicles or parts of vehicles designed to be hitched and attached to trucks, tractors or other vehicles for movement from place to place and used as temporary exterior storage unit.

That part of a building between a floor and the floor above or, in its absence, the ceiling or roof above. A story extending less than three feet above the finished grade shall not be counted in determining the number of stories. A story, the floor of which is below the finished grade and which extends more than three feet above the finished grade, shall be counted as that fraction of a story that the section above the finished grade bears to the height of the entire story. A story under a pitched roof, at the top of a building, the floor of which is more than two feet below the plate, shall be counted as a half-story when not more than 60% of the floor area is used for rooms; otherwise, it shall be counted as that fraction of a story which its floor area in rooms bears to the entire floor area of that floor. For purposes of this definition, the finished grade shall be measured as the average final elevation at the perimeter of the premises.

Includes any highway, road or avenue dedicated to public use and shall include any easements adjacent to the curb intended for public use.

Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.

An establishment in which tattooing is performed, and people receive permanent decorative tattoos from a tattoo artist.

Any method of placing ink or other inert pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in a permanent colorization of the skin or mucosa. This includes all form of permanent cosmetics.

Any storage trailer, portable on-demand storage unit, or similar unit or device designed to be placed outside of a building or structure and to temporarily store personal property, excluding construction dumpsters, similar waste receptacles, and storage sheds.

A sign intended to display either commercial or noncommercial messages only displayed for a brief permitted time frame. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports. No trailer may be used as a residence in any zone in the Borough.

The teaching or instruction of academic, business or artistic subjects to not more than four students simultaneously.

A commercial establishment whose principal business is the retail sale, service, distribution, manufacture or use of electronic smoking devices, liquid nicotine or vapor products.

A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall. Signs affixed to architectural projections that are parallel to the facade are also wall signs.

A sign specifically design to provide directional or destination information.

A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.

An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted.

The Zoning Map or maps for the Borough of Emerson, New Jersey, together with all amendments subsequently adopted.