[Ord. No. 98-6 § 2, Art. VI § 15-42; Ord. No. 05-10 § 2]
For purposes of this chapter, the following phrases and words shall have the meanings indicated.
ACCESSORY USE OR BUILDINGShall mean a use or structure subordinate to the principal use or structure on the same lot and serving a purpose customarily incidental to the principal use or the principal structure. Where an accessory building is attached to a principal building by a roof, wall or the like, such accessory building shall be considered part of the principal building.
ALTERATION, STRUCTURALShall mean any changes in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configuration of the roof or exterior walls.
APARTMENTShall mean a dwelling unit in a building having three or more dwelling units.
APPROVALShall mean acceptance of a plat by the approving authority and meeting the preliminary or final plat requirements as applicable.
APPROVING AUTHORITYShall mean the Planning Board or Board of Adjustment, unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.
ATTICShall mean the open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
AUTOMOBILE SERVICE STATION or GASOLINE STATIONShall mean a building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where mechanical repair but not body repair may be rendered as an accessory activity, provided that all mechanical repair takes place within the confines of a building. The following activities are not permitted: sale of diesel fuel oil; auto body work; welding; painting; bus and truck repair; car, truck or trailer rental; parking space rental.
BASEMENTShall mean a space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of less than 6.5 feet.
BILLBOARDShall mean an off-site lettered or pictorial advertising sign.
BOARDING HOUSEShall mean a dwelling or part thereof, which contains three or more units of dwelling arranged or intended for single room occupancy, in which lodging is provided by the owner to an occupant for a fee.
BUFFER AREAShall mean an area either in its natural state or planted with evergreen or other suitable vegetation, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.
BUILDING COVERAGEShall mean the area of a lot covered by buildings, exclusive of decks and patios.
BUILDING HEIGHTShall mean the vertical distance measured from the average elevation of the finished grade, six feet from every side of the structure, to the highest point of a flat roof, to the deckline of a mansard roof, and to the midpoint below the highest peak on a gable sloped or hip roof.
BUILDING PERMITShall mean the permit issued by the Construction Code Official to insure that the structure complies with the building and zoning codes and other applicable ordinances, upon payment of the required fees.
BUS DEPOT OR STATIONShall mean a terminal, garage, structure or any enclosed or open land where buses are driven to, parked or stored when not in use, awaiting assignment for their regularly scheduled routes, or are being serviced during those periods.
BUS STORAGE OR PARKING AREAShall mean any garage, structure, building or any enclosed or open land area where buses are stored, parked or concentrated while not being operated or used for their regular use, operations or schedule.
CAR WASHShall mean any business, establishment or structure constructed or used for the purposes of washing, cleaning or polishing motor vehicles. The words "auto laundry" shall mean the same as "car wash."
CELLARShall mean a space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground and with a floor-to-ceiling height of less than 6.5 feet.
CERTIFICATE OF OCCUPANCYShall mean a certificate issued upon completion of a building or alteration thereof or a change of use thereof indicating the exact purpose for which the building is to be used, and certifying its compliance with this ordinance and any approving authority resolution, and any other applicable building codes.
CHILD-CARE CENTERShall mean an institution offering the provision of supplemental parental care and supervision for nonrelated children, on a regular basis during part or all of the day, under license by the New Jersey Department of Human Services. The term "child-care center," as used herein, includes the terms "infant-care center," "day nursery," "day care center," "nursery school" or similar.
CLASSIFICATIONShall mean the determination by the approving authority that a plat is either a minor or major development.
COMMON PROPERTYShall mean a parcel(s) of land, together with the improvements thereon, the ownership, use and enjoyment of which are shared by owners and occupants of one or more of the individual building sites in the development.
COMPLETE APPLICATIONShall mean the submission of an application form and checklist completed by the applicant, together with all accompanying documents required by this chapter, for review by the approving authority.
CONTINUING CARE RETIREMENT COMMUNITYShall mean an organization that provides housing, services, and health care (including long-term care), to persons of retirement age. The community must provide increasing levels of care that meet the needs of individual residents, beginning with independent living and providing a variety of health and nursing care services. It offers a contract based on an entry fee that guarantees shelter and access to various health care services, whether these are pre-funded or on a fee-for-service basis.
DENSITYShall mean the permitted number of dwelling units per gross acre of land developed.
DETENTION BASINShall mean those areas which exist or are created for the temporary storage of stormwater and controlled discharge of this water to a receiving drainage system.
DEVELOPMENT COMMITTEEShall mean Subdivision and/or Site Plan Committee(s) of at least three members of the approving authority (three members on each Committee if separate Subdivision and Site Plan Committees are appointed), appointed by the Chairman for the purpose of reviewing and making recommendations to the approving authority on a development application. In the event that no Development Committee(s) has been created, the function delegated to it shall be performed by the approving authority.
DRAINAGE RIGHT-OF-WAYShall mean the lands required for the installation of stormwater sewers or drainage swales, or required along a natural watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against the hazard of flooding in accordance with Chapter I of Title 58 of the New Jersey Revised Statutes.
DRIVE-IN RESTAURANTShall mean a business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are so prepared, packaged in paper or other types of disposable wrappers or containers, and served to persons in motor vehicles, so as to be intended for immediate consumption either outside of the building or in motor vehicles while parked on the premises.
DWELLINGShall mean any permanent building or portion thereof designed or used exclusively as the residence of one or more persons.
a. DWELLING, ONE-FAMILYShall mean a building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."
b. DWELLING, TWO-FAMILYShall mean a building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
d. DWELLING, MULTI-FAMILYShall mean a structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
e. DWELLING, TOWNHOUSEShall mean a one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.
f. DWELLING, GARDEN APARTMENTShall mean one or more multiple-family buildings with dwelling units located one above the other, and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
DWELLING UNITShall mean one or more rooms occupied or intended for occupancy as separate living quarters by one family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants.
ESSENTIAL SERVICESShall mean the erection, construction, alteration or maintenance by public utilities or municipal or other government agency of electrical, gas, water transmission or distribution systems or collection, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare, but not including buildings.
FAMILYShall mean any number of persons related by blood, marriage or adoption or living together as a single housekeeping unit.
FAMILY DAY CARE HOMEShall mean a private residence in which child care services for a fee are regularly provided to no less than three and no more than five children for no less than 15 hours per week.
FAST-FOOD RESTAURANTShall mean an establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises. (See also Drive-in restaurant)
FLAG LOTShall mean a lot whose area, exclusive of its access drive, meets the area requirement of the zoning provisions of this chapter, but whose configuration is one of reduced frontage on an approved street (generally a width sufficient for use as a driveway or future street), with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access drive.
FLOOR AREAShall mean the sum of the gross horizontal areas of the several floors of a building. "Floor area," for the purposes of imposing parking calculations, shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, interior areas devoted exclusively to parking and loading for motor vehicles or to any space where the floor-to-ceiling height is less than seven feet, provided that no more than 15% of the gross area may be reduced for these common area calculations.
FLOOR AREA RATIOShall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
FLOOR AREA RATIO (FAR)In the R-A, R-B, R-C, R-D, R-E and R-F zones shall mean 0.76 of the total floor area of a dwelling not including the garage and basement area, but including all other floor area in the dwelling.
GARAGEShall mean a building used for the inside storage of one or more vehicles.
GARAGE, REPAIRShall mean any building, structure, premises and land in which a business or service involving the maintenance, servicing or repair of vehicles, but not body repair of vehicles, is conducted or rendered.
GROSS FLOOR AREAShall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls of the building, but not including interior parking spaces.
HOME OCCUPATIONShall mean an activity which is incidental to the use of a dwelling for residential purposes, and which is conducted as an accessory use in the resident's dwelling unit.
IMPERVIOUS LOT COVERAGEShall mean the portion of a lot which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, tennis courts, parking areas, garages, walkways, patios, loading areas and other impervious materials. Detention or retention basins shall be excluded from such calculations, provided that the same are constructed of pervious materials.
JUNKYARDShall mean any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof of any material whatsoever.
LAUNDERETTEShall mean any establishment where articles of apparel are brought in by the public to be washed and/or dried. The washing and/or drying shall be done by the proprietor of the establishment or his employees and the articles are taken away by the customer.
LOADING SPACEShall mean an off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading and unloading.
LOTShall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
a. LOT, CORNERShall mean a parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135°.
b. LOT, THROUGHShall mean a parcel of land which extends through from one street to another.
LOT COVERAGEShall mean the percentage of a lot area which is occupied by building and accessory structures, including porches, chimneys and other related building appurtenances, but not including decks, driveways, patios, open parking areas and loading areas, tennis courts, and swimming pools.
LOT DEPTHShall mean a horizontal distance between the front and rear lot lines, measured perpendicular or radial to the front lot line at the midpoint of the lot frontage to the furthest distance thereof or taken as the average of three measurements, one taken at each corner and one taken at the midpoint, for irregularly shaped parcels.
LOT FRONTAGEShall mean the horizontal distance between the side lot lines, measured along the front lot line.
LOT LINEShall mean any line, including the street line, forming a portion of the exterior boundary of a lot.
a. LOT LINE, FRONTShall mean the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line.
b. LOT LINE, REARShall mean the lot line opposite and most distant from the front lot line.
LOT WIDTHShall mean the horizontal distance between side lot lines, measured parallel to the front lot line at the required front yard setback line.
MINOR SUBDIVISIONShall mean a subdivision of land that is for the creation of less than four lots, including the remainder of the original lot, and provided that such subdivision does not involve a planned development; any new street; or extension of any off-tract improvement, the cost of which is to be prorated pursuant to §
25-711; provided, however, that in the event that more than one "minor subdivision," then, for the purpose of administering this chapter, the subsequent subdivision shall be considered as a major subdivision and processed accordingly. Approval of a "minor subdivision" shall be deemed final approval; and as such shall be prepared and submitted in accordance with the final plat requirements.
MULTI-FAMILY HOUSING DEVELOPMENTShall mean a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
NURSING HOMEShall mean an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours for more than two residents who are not related to the governing authority or its members by marriage, blood, or adoption.
PARKING SPACEShall mean a rectangular space used for the parking of motor vehicles.
PERMITTED USEShall mean any use of land or buildings permitted by this chapter.
PRIVATE SCHOOLShall mean an institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PROFESSIONAL OFFICEShall mean the office of a dentist, physician, attorney, clergyman, accountant, engineer, architect, professional planner, insurance agent, real estate agent, or other generally recognized professional.
PUBLIC PURPOSEShall mean the use of land and/or buildings by a municipal, County, State or Federal agency or authority.
RECYCLING AREAShall mean space allocated for the collection and storage of source separated recyclable materials.
RESTAURANTShall mean a commercial establishment where food and drink are prepared, served and consumed on premises, excluding, however, a fast food restaurant and a snack bar or refreshment stand at a public or community swimming pool, playground or park operated in conjunction with and incidental to such recreational facility for the sole convenience of its patrons.
RESTAURANT, FAST FOODShall mean an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises.
RETAIL STOREShall mean an establishment selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RIGHT-OF-WAYShall mean the total width of a street, watercourse, utility alignment or other way and within, under or over which all improvements and rights of access are confined.
SELF SERVICE LAUNDROMATShall mean any establishment where washing and/or drying of wearing apparel or other garments is done by the public directly or indirectly by the depositing of a coin or coins in automatic machines or appliances supplied for those purposes.
SERVICE ESTABLISHMENT, BUSINESSShall mean an establishment primarily engaged in rendering non-repair services such as advertising, building, cleaning or household equipment rental to business enterprises on a fee or contract basis.
SERVICE ESTABLISHMENT, PERSONAL AND HOUSEHOLDShall mean a business conducted to render either a personal service, such as hair cutting, shoe repair, or dry cleaning provided they have attendants, but not including mortuary services; or a household service, such as insect extermination or repair of furniture, small household appliances, etc., but not including any business which uses a truck of over 3/4 ton rated capacity in the provision of its services.
SETBACK LINEShall mean a line parallel to a street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way as shown on the adopted Master Plan.
SIGHT TRIANGLEShall mean a triangular area at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting street.
SIGNShall mean any announcement, display or illustration placed so as to be seen and in view of the general public.
SITE PLAN, MINORShall mean any site plan which is limited to the proposed construction of an accessory building or use, such as a sign or off-street parking area consisting of less than 10 parking spaces, as such accessory uses are specifically permitted in this chapter, and/or improvement of existing outside facilities, such as parking and drainage without the expansion of the facilities, or interior renovations of an existing building.
STORYShall mean that portion of a building between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the surface of the floor and the ceiling above it.
STORY, HALFShall mean a space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
STREET LINEShall mean the 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 and the lot. Where title to land extends into or to the center of a street, the right-of-way line shall nevertheless be deemed to be the "street-line."
TRACTShall mean one or more lots. Existing streets shall not be included in calculating the area of the "tract."
USABLE RECREATION SPACEShall mean an open area of land designed for and devoted to recreational purposes, e.g., park land, sports fields, playgrounds, swimming pools, etc.
USEShall mean the specific purpose for which land or a building, structure or facilities is designed, arranged or intended, or for which it is or may be occupied or maintained.
UTILITYShall mean services including, but not limited, to sewage treatment, water supply, gas, electric, telephone and cable television.
WAREHOUSEShall mean a building used primarily for the storage of goods and materials.
WETLANDSShall mean those areas as defined by the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.
YARDShall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as provided by this chapter.
a. YARD, FRONTShall mean the area extending across the full width of the lot, between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
b. YARD, REARShall mean the open space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.
c. YARD, SIDEShall mean an open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.
ZONING OFFICERShall mean the administrative officer designated to administer this chapter.