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Englishtown City Zoning Code

§ 620-2

Definitions.

[Amended 9-25-1991 by Ord. No. 91-5;[1] 6-24-1998 by Ord. No. 98-8]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OF BUILDING
A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot. For the purposes of this chapter, any building or structure containing living space shall not be considered as an accessory use.
ADULT BOOKSTORE
An establishment of which a portion is devoted to the display, sale, rental, or distribution of pornographic materials as defined by state statute.
ALLEY
Permanent service way providing a secondary means of access to abutting properties.
ALTERATIONS
As applied to a building or structure, shall mean a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing height; or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BASEMENT
A story partly underground but having not less than half of its clear height below finished grade.
BOARD
The Unified Planning/Zoning Board of the Borough of Englishtown.
BOARDINGHOUSE
Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished-room house shall be deemed as a "boardinghouse."
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which the building is situated.
BUILDING, EXTENDING
The full width of the lot and situated between the rear lines of the lot and the rear line of the building projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the lot or the entire line of the alley, if there is an alley, and the rear line of the building.
COURT
An open, unoccupied space bounded on two or more sides by exterior walls of a building or exterior walls and lot lines.
COURT, INNER
A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines of which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGE, LOT
The area of the lot covered by buildings/structures, and accessory buildings/structures, expressed as a percentage of the total tract area. For the purpose of this chapter, lot coverage shall include all parking areas and automobile access drives, patios and pedestrian walkways, whether constructed of an impervious or pervious material, and all impervious surfaces except unroofed wooden decks.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot.
DWELLING
A building designated or used exclusively as the living quarters for one or more families.
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities for one family.
FAMILY
One or more persons occupying the premises and living as a single housekeeping unit and distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.
FARM
Any parcel or contiguous parcels of which at least one acre is devoted to agricultural, livestock or dairy purposes. The land used for a dwelling unit shall not be counted as agricultural, livestock or dairy acreage. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, boarding stables or dog kennels.
FARM STAND, TEMPORARY
A movable structure which shall not be connected to any public utility service and which is intended to be used on a seasonal basis only for the sale of vegetable, fruit, and flowering farm products. A "temporary" farm stand shall be an accessory use to the farm upon which it is located and must provide sufficient parking that allows for the safe and efficient passage of pedestrian and vehicular traffic. It is exempted from all prescribed setback limits, excepted for sight distance, provided that the stand is removed, relocated or dismantled during all seasons when not in use.
FILLING STATION
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, drying cleaning or otherwise cleaning or servicing such motor vehicles.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity of not more than three automobiles or not more than one automobile per individual dwelling unit in a multifamily building to which such garage is accessory, whichever is greater.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially established by the Borough authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HOME OCCUPATION
An occupation for gain or support conducted only by members of a family residing on the premises, and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises, and provided, further, that no machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences or cause offensive noise, order or vibration. Such activities, including but not limited to barbershops, beauty parlors, tourist rooms, room and board, and music or dance schools serving more than one patron at a time, shall not be deemed home occupations. However, nursery schools serving three or fewer children shall be considered a home occupation.
HOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
HOTEL, RESIDENTIAL
See "residential hotel."
LINE, BUILDING or SETBACK LINE
The vertical and horizontal line of the main wall nearest to and facing on the street, lot or highway.
LINE, RIGHT-OF-WAY
The dividing line between the laid-out or established road or street right-of-way and the lot. For the purpose of this chapter, the right-of-way line shall not be considered the curbline or edge of pavement of existing streets.
LOT
A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.
LOT DEPTH
Horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT FRONTAGE
The horizontal distance between the side lot lines measured along the street right-of-way line. The minimum lot frontage shall be the same as lot width except that on curved streets with an outside radius of less than 500 feet, the lot frontage may be reduced to 75% of the minimum required lot width.
LOT LINES
Any line dividing one lot from another.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets. Each street frontage of a corner lot shall conform to the minimum required frontage in the applicable zone or district. For the purposes of this code, all corner lots will be required to meet the front yard setback wherever the lot line is coincident with a street right-of-way line.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets. Each street frontage of a through lot shall conform to the minimum required frontage in the applicable zone or district. For the purposes of this code, each through lot will have one front yard and one rear yard which is coincident with a street right-of-way line.
LOT, WIDTH OF
The horizontal distance between the side lot lines measured along the required front yard setback line in the applicable zone or district.
MOTOR VEHICLE REPAIR SHIP
A building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
OPEN SPACE
An unoccupied space open to the sky on the same lot with the building.
PARKING SPACE
The area required for parking one automobile which in this chapter is held to be an area nine feet wide and 18 feet long, not including passageways.[2]
PLAT
A map, plan or layout of a city, town, section or subdivision, indicating the location and boundaries of individual properties.
PROFESSIONAL OFFICE
The office of a member of a recognized learned profession which conducts business with the public and shall include but not be limited to the offices of architects, dentists, doctors, engineers, lawyers and optometrists.
RESIDENTIAL HOTEL
A dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.
ROOM
A space surrounded by four walls and a space for entry and exit and dedicated for a specific purpose.
SETBACK LINE
The line beyond which a building shall not extend unless otherwise provided for in this chapter.
SHED
A structure intended for storage having the maximum dimensions of 10 feet in length by 10 feet in width by 10 feet in height.
SIGN, COMMERCIAL ADVERTISING SIGN OR BILLBOARD
An advertising sign, structure or symbol erected and maintained by an individual engaged in the sale or rental for profit of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space there is displayed, by means of painting, posting or other method, advertising copy describing a wide variety of products or services which are not made, produced, assembled, stored or sold from the lot or premises upon which the advertisement is displayed.
SITE AREA
The area of a specific zone being developed within the property.
SPACE, LIVING
The area in which persons live, sleep or congregate, including closet space and halls but excluding cellars, attics, dead-air space, open porches or breezeways, attached garages or accessory buildings and sheds.
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration or sale.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are no more than two feet above the floor of such story.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.
STRUCTURE
A combination of materials other than a building to form a construction that is safe and stable and includes, among others, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER CAMP
An area devoted to or designed for the accommodation of one or more wheeled vehicles or portions thereof in use as or capable of use as residential facilities which are commonly known as "house trailers" or "auto trailers." Any such house trailer which has been rendered incapable of immediate removal to another site shall be considered a residential structure and shall meet all requirements of this chapter for a residential structure.
TRAILER COACH
Any portable structure or vehicle so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes.
UNIFIED PLANNING/ZONING BOARD
The Unified Planning/Zoning Board of the Borough of Englishtown.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
USED OR OCCUPIED
As applied to any land or building, shall include the words "intended, arranged or designed to be used or occupied or structurally altered or enlarged or moved with the intention or design of using."
WAY
A street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
YARD, FRONT
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the sidelines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, PRINCIPAL FRONT ON CORNER LOTS
The open space extending from the front of the structure to the front of the property line.
YARD, REAR
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the lot or the entire line of the alley, if there be an alley, and the rear line of the building.
YARD, SECONDARY FRONT ON CORNER LOTS
The yard extending from the side of the structure to the property line adjacent to the public right-of-way.
YARD, SIDE
An open unoccupied space on the same lot with a main building, situated between the sideline of the building and the adjacent sideline of the lot and extending from the rear line of the front yard to the front line of the rear yard.[3]
[2]
Editor's Note: The definition of "Planning Board" of the 1997 Code, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The definition of "Zoning Board" of the 1997 Code, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Other definitions. Incorporated herein are all definitions contained in N.J.S.A. 40:55D-3, 4, 5, 6, and 7 as if same were set forth at length. Whenever a definition contained in N.J.S.A. 40:55D-3, 4, 5, 6, and 7 conflicts with one set out herein, the definition in N.J.S.A. 40:55D-3, 4, 5, 6 and 7 shall control.
[1]
Editor's Note: The prefatory language of this chapter read as follows:
"Whereas, the Englishtown Borough Master Plan contains a full and comprehensive statement of the planning policies of the Borough; and
"Whereas, it is an avowed policy of the Borough of Englishtown that land development should be designed to protect freshwater wetlands and floodplains; and
"Whereas, an objective of the Borough master plan is to promote the conservation of open space through protection of freshwater wetlands, floodplains and valuable natural resources and to prevent degradation of the environment through improper uses and development densities; and
"Whereas, in order to fulfill the planning policies and objectives set forth in the Borough master plan it is necessary and desirable to amend and supplement the zoning ordinance of the Borough by establishing a new zoning district to be known and identified as a conservation district."