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Guttenberg City Zoning Code

§ 28-2.2

Definitions.

[Ord. 3/87 § 2.300; Ord. #005-10 § I, 28-2.2; Ord. No. 32-2016; amended 7-26-2021 by Ord. No. 19-21]
As used in this section:
ACCESS DRIVE
Shall mean a paved surface, other than a street, which provides vehicular access from a street or private road to a lot.
ACCESSORY BUILDING
Shall mean a building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY USE OR ACCESSORY
Shall mean:
a. 
A use conducted on the same lot as a principal use to which it is related, and located either within the same structure or in an accessory structure or as an accessory use of land; except that off-street parking need not be located on the same lot.
b. 
Clearly incidental to, and customarily found in connection with a particular principal use, and
c. 
Either in the same ownership as such principal use or operated and maintained on one lot with such principal use for the express benefit of its owner, employees, customers or visitors.
An accessory use includes:
a. Residential accommodations for caretakers of institutions and large commercial or industrial uses.
b. Keeping of domestic animals, but not for sale or hire.
c. Swimming pools whose use is restricted to the occupants of the principal use and guests for whom no admission or membership fee is charged.
d. Domestic or agricultural storage customarily found in barn, shed, tool room or similar structure.
e. Incinerators.
f. In connection with permitted commercial or manufacturing uses, the storage of goods normally carried in stock, used in, or produced by such uses, unless the storage is expressly prohibited under the applicable district regulations. The floor area used for such accessory storage shall be included in the maximum floor area permitted for the specified use.
g. The removal for sale or otherwise of loam, clay, sand, gravel, or stone in connection with the construction of a building or other structure on the same lot, but in no case to a point below the legal street grade.
h. Accessory off-street parking spaces, open or enclosed.
i. Accessory off-street loading berths.
j. Accessory signs.
k. Accessory radio or television antennas.
l. Home occupation.
AIR POLLUTION
Shall mean the presence in the outdoor atmosphere of any form of contaminant in such place, manner, or concentration inimical or which may be inimical to the public health, safety or welfare or which is, or may be injurious to human, plant or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property.
ALLEY
Shall mean a minor way, which may not be legally dedicated, used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
ALLUVIAL SOILS
Shall mean areas subject to periodic flooding.
ALTERATIONS
Shall mean any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, guides or interior partitions, as well as any change in doors or windows, or an enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AMENDMENT
Shall mean a change in use in any district which includes revisions to the zoning text and/or the Official Zoning Map; and the authority for any amendment lies solely with the municipality.
AMUSEMENT GAME MACHINES
Shall mean a coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin, and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which by comparison to the score of other players whether playing concurrently or not, demonstrates relative skill or competence, or indicates in any other way competitive advantages of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities.
AMUSEMENT MACHINE COMPLEX
Shall mean a group of more than two amusement games or other amusement machines, in the same place, location or premises.
AMUSEMENT MACHINES, OTHER
Shall mean a coin-operated machine or device, not including amusement games, which provide a ride, sensation, electronic reading or weight, photograph, lamination or item of merchandise provided at random among other items of merchandise, for use by and to the amusement of the public.
ANIMAL HOSPITAL
Shall mean a building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
APARTMENT CONVERSION
Shall mean a multifamily dwelling constructed by converting an existing dwelling into apartments for more than two families.
APARTMENT HOUSE
Shall mean a building occupied by three or more dwelling units.
AREA, BUILDING
Shall mean the total area taken on a horizontal plane at the level of the ground surrounding the main building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AUTOMOBILE
Shall mean a self-propelled, free moving vehicle, primarily for conveyance on a street.
AUTOMOBILE AND/OR MOBILE HOME SALES LOT
Shall mean an open lot, used for the outdoor display or sales of new or used automobiles, recreation vehicles, or mobile homes, and where minor and incidental repair work (other than body and fender) may be done.
AUTOMOBILE BODY SHOP
Shall mean a building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles or conveyance.
AUTOMOBILE GARAGE, MAJOR
Shall mean a building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing, or supplying of gasoline or oil to automobiles, trucks, or similar motor vehicles.
AUTOMOBILE GARAGE, MINOR
Shall mean an accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises, provided that no business, occupation, or service is conducted for profit therein nor space therein for more than one automobile is leased to a non-occupant of the premises.
AUTOMOBILE OR GASOLINE SERVICE STATION
Shall mean a building on a lot or part thereof, that is used primarily for the retail sale of gasoline, oil, other fuel, and which may include facilities used for polishing, greasing, washing, dry-cleaning, or otherwise cleaning or servicing automobiles and other vehicles.
AUTOMOBILE WASHING (CAR WASH)
Shall mean a building on a lot designed and used primarily for the washing and polishing of automobiles, and which may provide accessory services as set forth herein for automobile service stations.
AUTOMOBILE WRECKING
Shall mean the dismantling or wrecking of used automobiles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT
Shall mean a story whose floor is more than 12 inches, but not more than half of its story height, below the average level of the adjoining ground (as distinguished from a cellar which is a story more than one-half below such level). Any portion of a basement, when used as a dwelling shall be counted as a story for purposes of height measurement.
BILLBOARD
Shall mean:
a. 
A sign indicating a business other than one conducted on the premises on which said sign is located, and
b. 
Upon which matter of any character is printed, posted, or lettered by any means, for the purpose of advertising.
A billboard may be either freestanding or attached to a surface of a building or other structure.
BLOCK
Shall mean a tract of land bounded by any combination of the following:
a. 
Streets.
b. 
Public park.
c. 
Railroad right-of-way, excluding siding and spurs.
d. 
Corporate boundary lines of the Municipality.
BOARDING HOUSE
Shall mean a building, where for compensation, provisions are made for lodging and meals for at least three persons and shall also include dormitories whether or not such include cooking facilities.
BUILDING
Shall mean any structure permanently affixed to the land having a roof supported by columns or walls used for shelter or enclosures. When divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.
BUILDING LINE
Shall mean a line parallel to the front, side, or rear lot line set so as to provide the required yard.
BUILDING, PRINCIPAL
Shall mean a building which contains the principal use of the building site on which it is situated. In a residential district, a dwelling is a principal building on the zone lot.
BULK
Shall mean the term used to describe the size of buildings or other structures and their relationship to one another to open areas such as yards, and to lot lines. The term bulk, therefore, includes:
a. 
The size, including height and floor area, of building or other structure.
b. 
The relation of the number of dwelling units in a residential building to the area of the lot.
c. 
The relation of buildings and other structures to areas in open yards.
CANNABIS
Means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (C. 24:6I-31 et al.) for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in N.J.S.2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.).
CANNABIS CULTIVATOR
Means any licensed person or entity that grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
CANNABIS DELIVERY SERVICE
Means any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
CANNABIS DISTRIBUTOR
Means any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
CANNABIS ESTABLISHMENT
Means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS MANUFACTURER
Means any licensed person or entity that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
CANNABIS RETAILER
Means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
CANNABIS WHOLESALER
Means any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
CARPORT
Shall mean an accessory building open on three sides which is attached to the main building and primarily designed or used for parking automobiles.
CELLAR
Shall mean a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the required number of stories.
CLUB
Shall mean any organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided there are no vending stands, merchandising or commercial activities except as required for the membership and purposes of such club.
COMMERCIAL RECREATION
Shall mean a recreation facility operated for profit available to the general public upon payment of an entrance or use fee. Such facility shall include bowling alleys, billiard halls, amusement arcades, miniature golf courses, mechanical rides and other similar activities.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization thereof by the Planning Board.
CONDOMINIUM
Shall mean an ownership arrangement, not a land use; therefore, it is allowed in any district and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristics:
a. 
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
b. 
The unit may be any permitted dwelling type.
c. 
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this ordinance.
CONSTRUCTION
Shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
CONVERSION
Shall mean the changing of use or occupancy of a dwelling by alteration or by other reorganization so as to increase the number of families or dwelling units in a structure.
COURT
Shall mean any unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNER
Shall mean a court which does not extend to a street, alley, yard or outer court.
COURT, OUTER
Shall mean a court which extends to a street, alley, yard or other outer court.
COVERAGE
Shall mean the percentage of the plot or lot area covered by the area of all buildings and structures thereon.
CURB LEVEL
Shall mean the officially established grade of the curb in front of the mid-point of the lot.
DAIRY
Shall mean a commercial establishment for the manufacture or processing of dairy products.
DEMOLITION
Shall mean any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
DENSITY
Shall mean a measure of the number of dwelling units per acre of area. It shall be expressed in dwelling units per acre.
a. 
Density, gross. This is the maximum density that may be permitted in any zoning district. It is calculated by dividing the total number of dwelling units by the base site area. This density is illustrative only, net density is controlling.
b. 
Density, net. This is the maximum density permitted on the buildable portion of the site. All tracts of land within a district may be developed to the same net density. Net density is calculated by dividing the total number of dwelling units by the new buildable site area. This density controls actual site capacity.
DETACHED BUILDING
Shall mean one which has yards on all four sides.
DISTRICT
Shall mean a portion of the territory of the municipality within which certain uniform regulations and requirements apply under the provisions of this chapter.
DRIVE-IN COMMERCIAL USES
Shall mean any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.
DUMP
Shall mean a lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof or waste material of any kind but not including approved sanitary land fill disposal.
DUPLEX HOME
Shall mean a two-family unit consisting of a family unit on the first level and a family unit on the second level.
DWELLING OR RESIDENTIAL STRUCTURE
Shall mean any structure containing one or more rooms providing sleeping and sanitary facilities, not including a motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure.
DWELLING UNIT
Shall mean one or more rooms for living purposes, together with separate cooking and sanitary facilities used or intended to be used by one or more persons living together and maintaining a common household, and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.
DWELLING, GROUP
Shall mean a group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.
DWELLING, SINGLE FAMILY, ATTACHED (ROW)
Shall mean a dwelling used by one family, and having two party walls in common with other buildings (such as row houses or townhouses).
DWELLING, SINGLE FAMILY, DETACHED
Shall mean a dwelling other than a mobile home used by one family, having only one dwelling unit and having two side yards.
DWELLING, SINGLE FAMILY, SEMIDETACHED
Shall mean a dwelling used by one family, having one side yard, and one party wall in common with another building. References to single family semidetached dwellings shall include two-family detached dwellings.
DWELLING, TWO-FAMILY, DETACHED
Shall mean a dwelling used by two families, with one dwelling unit arranged over the other and having two side yards.
DWELLING, TWO-FAMILY, SEMIDETACHED
Shall mean a dwelling used by two families, with one dwelling unit arranged over the other, having one side yard, and one party wall in common with another building.
ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES
Shall mean electric public utilities transmission distribution facilities including substations.
EMERGENCY
Shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
ENFORCING OFFICER
Shall mean the Construction Official, License Inspector or such other official as may be designated by the governing body to administer and enforce the Zoning Ordinance.
ENLARGEMENT
Shall mean an addition to the floor area of an existing building or an increase of a tract of land into a contiguous tract of land.
ENTERTAINMENT FACILITIES
Shall mean any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.
ESSENTIAL SERVICES
Shall mean the construction or maintenance, by public utilities, public authorized cable television companies or governmental agencies, of gas, solid waste, electrical, telephone, sewage or water distribution systems. These include equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment which conform to the height regulations of the district in which they are proposed; except that buildings and electric substations are excluded.
FAMILY
Shall mean:
a. 
A single competent and responsible person occupying a dwelling unit and maintaining a household, or
b. 
A household head and one or more other persons related by blood or marriage, occupying a dwelling unit, living together and maintaining a common household, or
c. 
Two or more but not in excess of five unrelated competent responsible persons, at least one of whom shall be an adult occupying a dwelling unit, living together and maintaining a common household.
FLOOD
Shall mean a temporary inundation of normally dry land areas.
FLOOD FRINGE
Shall mean that portion of the flood plain outside the floodway.
FLOOD PLAIN
Shall mean:
a. 
A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation.
b. 
An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY
Shall mean the designated area of a flood plain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
FLOOR AREA
Shall mean the sum of the gross area of the several floors of a building or buildings measured from the face of exterior walls or from centerlines of walls separating two buildings. In particular, floor area includes:
a. 
Basement space, except such enclosure as does not have any windows or exterior walls.
b. 
Elevator shafts, stairwells and attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more.
c. 
Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.
d. 
Any other floor space used for dwelling purposes, no matter where located within a building.
e. 
Accessory buildings, excluding space used for accessory off-street parking or for loading berths.
f. 
Any other floor space not specifically excluded, except space used for air conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
FLOOR AREA RATIO
Shall mean the total floor area allowable on a given lot, divided by the area of that lot. (For example, a building containing 15,000 square feet of floor area on a given lot of 10,000 square feet of lot area has floor area ratio of 1.5).
FLOOR AREA, HABITABLE
Shall mean the sum of the horizontal areas of all rooms used for habitation, such as living room, kitchen, or bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathrooms, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. Such area shall have a clear height of 7 1/2 feet.
GARAGE, PRIVATE
Shall mean:
a. 
Accessory to a principal building, either attached to it or separate, and
b. 
Used for storage purposes, and other professional uses of an owner, or tenant.
GARAGE, PUBLIC
Shall mean any enclosed or covered space other than a private garage, which is used for storage, repair, rental, servicing, or supplying of gasoline or oil to motor vehicles.
GARDEN APARTMENTS
Shall mean:
a. 
Free-standing multiple dwellings, two or three stories in height, in which not less than two and not more than four dwelling units per floor are served by one staircase.
GENERAL NUISANCE
Shall mean any use considered to be inconsistent with the public comfort, convenience, health, safety, and general welfare. The following factors are included:
a. 
Fire and explosion hazards.
b. 
Electrical and radioactive disturbances.
c. 
Noise and vibration.
d. 
Dust, dirt, fly ash.
e. 
Glare.
f. 
Smoke, odors.
g. 
Other forms of air pollution not listed above.
GRADE, FINISHED
Shall mean the completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
HEIGHT OF BUILDING
Shall mean the vertical distance measured from the average level of finished grade along all the exterior walls of a building to:
a. 
The highest point of the roof, in the case of a flat roof;
b. 
The mean height between eaves and ridge, in the case of a pitched roof;
c. 
The highest point on any structure which rises wholly or partly above the roof line, and whose area equals or exceeds 20% of the ground floor area of the building which supports it.
HEIGHT OF SIGN
Shall mean the vertical distance measured:
a. 
From ground level to the highest point on the sign itself and/or its supporting structure.
b. 
Along the face of the sign or its supporting frame from lowest point to the highest.
HIGH-RISE RESIDENTIAL BUILDING
Shall mean a multi-story building consisting of nine to 15 stories.
HOME OCCUPATION
Shall mean an accessory use which:
a. 
Is clearly incidental or secondary to the residential use of the dwelling unit; or
b. 
Is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling unit, except that, in connection with the practice of the medical profession or with other offices whose operations require supplementary secretarial, clerical, accounting or drafting skills, one person not residing in such dwellings may be employed.
c. 
Does not include the housing, care or education, etc., of persons who normally would be subject to institutionalization for mental, physical, criminal or like reasons.
In connection with the operation of a home occupation it shall not be permitted:
a. To sell articles produced elsewhere than on the premises.
b. To have exterior displays of goods visible from the outside.
c. To store materials or products outside a principal or accessory building or other structure.
d. To make external alterations which are not customary in residential buildings.
e. To produce offensive and disturbing noise, smoke, odor or other objectionable affects.
HOSPITAL
Shall mean a place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care including such establishments as a sanatorium, sanitarium, and preventorium.
HOTEL
Shall mean a building designed for occupancy as the temporary residence of individuals who are lodged with or without meals. No cooking is provided in any individual rooms or suites, but restaurants, cocktail lounges, banquet halls, ballrooms and meeting rooms are permitted as accessory uses.
IMPERVIOUS SURFACES
Shall mean those that do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any other areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
JUNK YARD
Shall mean buildings or premises where junk, waste, discarded or salvage materials are bought, sold, stored, packed, or handled, "junk yards" include automobile wrecking yards, house wrecking, and structural steel materials and equipment. The purpose of storage of used furniture, household equipment, and used cars in operable condition are not included, but the keeping or storage of two or more automobiles not under registration or not operable will constitute a junk yard in the sense of this chapter.
LANDOWNER
Shall mean the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such operation or contract is subject to any condition), a lessee having a remaining term of not less than 40 years, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this act.
LAUNDROMAT
Shall mean a business premises equipped with individual clothes washing and/or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LOT OR ZONE LOT
Shall mean a piece or parcel of land occupied by a principal building or a group of such buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof. It includes open spaces as required by this chapter, and has frontage on a public street. The lot lines are the property lines bounding the lot.
a. 
Lot, corner shall mean a lot abutting upon the intersection of two or more streets which form an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner." A lot other than a corner lot is known as an "interior" lot.
b. 
Lot depth shall mean horizontal distance between the front and the rear lot lines.
c. 
Lot lines shall mean:
1. 
Lot Line, Front. The line separating the lot from a street.
2. 
Lot Line, Rear. The lot line opposite and most distant from the front lot line.
3. 
Lot Line, Side. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
4. 
Lot Line, Street or Alley. A lot separating the lot from a street or alley.
d. 
Lot width. The mean width of the lot measured at right angles to its depth.
e. 
Lot area. The computed area contained within the lot lines.
MAJOR THOROUGHFARE
Shall mean a street or highway designated as an existing or planned major thorough-fare.
MAJOR THOROUGHFARE, RESTRICTED ACCESS
Shall mean a major thoroughfare or part thereof, which when open to public use, access is limited from abutting property and other streets to locations and in the manner approved by the municipality and/or New Jersey Department of Transportation.
MARIJUANA
Shall have the meaning given in N.J.S.A 24:6I-3.
MID-RISE RESIDENTIAL BUILDING
Shall mean a multi-story building consisting of at least four stories and no more than eight stories.
MOBILE HOME
Shall mean a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral until capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
Shall mean a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
Shall mean a parcel of land that has been planned and improved for the placement of mobile homes for nontransient use and consisting of two or more mobile home lots. Mobile home parks may be planned as single-family detached, single-family cluster, or performance subdivisions.
MOBILE HOME, DEPENDENT
Shall mean a mobile home which is not equipped with a toilet and/or bathtub or shower.
MOBILE HOME, INDEPENDENT
Shall mean a mobile home equipped with a toilet and bathtub or shower.
MOTEL
Shall mean a building or a group of buildings which:
a. 
Contain living and sleeping accommodations used primarily for transient occupancy, and in which no provisions have been made for cooking in any individual room or suite, and
b. 
Have individual entrances from outside the building to serve each such living or sleeping unit.
c. 
Restaurants, cocktail lounges, banquet halls, ballrooms and waiting rooms are permitted as accessory uses.
MOTOR VEHICLE REPAIR SHOP
Shall mean a building, or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.
MULTIFAMILY RESIDENCE
Shall mean a building designed for or utilized as two or more dwelling units, each supplied with individual cooking, sleeping and sanitary facilities.
NOISE
Shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NONCONFORMING LOT
Shall mean a zone lot in single ownership, adjacent on all sides to properties in different ownership, which does not conform with the minimum dimensions specified for the district or for the use contained upon the lot.
NONCONFORMING SIGN
Shall mean a legally established sign which does not conform to the regulations of the district in which it is located.
NONCONFORMING STRUCTURE
Shall mean a structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reasons of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
Shall mean a use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment to its location by reason of annexation. No principal permitted use or special use shall be considered nonconforming if the yards, height, area, coverage dimensions, signs or off-street parking do not conform with the regulations of the district in which it is located.
NURSING OR CONVALESCENT HOME
Shall mean a building designed and used for the full time care of human beings and which may include housing or lodging; meals; and nursing care.
OFFICE BUILDING
Shall mean a building comprised of more than 50% of offices.
OFFICIAL MAP
Shall mean a map officially adopted by ordinance of the Municipality consisting of surveys of the exact location of the lines of existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closings of same for the whole of the municipality.
OPEN SPACE
Shall mean land used for recreation, agriculture, resource protection, amenity, or buffers; is freely accessible to all residents of the development, and is protected by the provisions of this chapter to ensure that it remains in such uses. Open space does not include land occupied by nonrecreational buildings, roads, or road rights of way; nor does it include the yards or lots of single or multifamily dwelling units or parking areas as required by the provisions of this chapter.
OPEN SPACE RATIO
Shall mean the measure of the intensity of land use. It is arrived at by dividing total amount of open space within the site by the base site area.
OPEN SPACE, COMMON
Shall mean a parcel or parcels of land on an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the planned residential development, not including streets, off-street parking areas, and areas set aside for public facilities.
OUTDOOR ADVERTISEMENT
Shall mean an advertisement used outdoors, including painted walls, or rock face, of a product or service unrelated to the use of the land or structure on which it is located, but not including official notices or directional road signs of a governmental body.
PARKING AREA, PRIVATE
Shall mean an open area for the same uses as a private garage, and subject to the same conditions.
PARKING AREA, PUBLIC
Shall mean an open area other than a street or other public way used for the parking of automobiles, and available to the public.
PARKING LOT OR GARAGE, COMMERCIAL
Shall mean a lot or structure whose principal use is parking or storing motor vehicles for specified time periods or on a rental basis, but no parking or storing commercial or public utility vehicles, or the dead storage of motor vehicles.
Minor repairs incidental to the parking and storing of motor vehicles are permitted as an accessory use.
PARKING SPACE
Shall mean:
a. 
Open space with a dustless all weather surface, or space in a private garage or other structure.
b. 
An area of at least 10 feet by 20 feet in size, for the storage of one automobile, accessible from a public way.
PERMITTED PRINCIPAL USE
Shall mean any use requiring no special action by this Board before a zoning permit is granted by the Zoning Official, subject to all other applicable provisions of this chapter.
PERSON
Shall mean any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, bureau or agency of the State, political subdivision, municipality, district, authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PERSONAL SERVICES
Shall mean any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barber shops, beauty parlors, and related activities.
PLAN OR PLAT
Shall mean a map, plan, or layout showing the subdivision of land indicating the location and boundaries of individual properties.
PLANNED RESIDENTIAL DEVELOPMENT
Shall mean an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of this Zoning Ordinance.
PLANNING BOARD
Shall mean the Joint Planning Board of the Town of Guttenberg, created pursuant to the Municipal Land Use Law, Chapter 291; N.J.S.A. 40:55D-1 et seq.
PREMISES
Shall mean any lot, parcel or tract of land and any building constructed thereon.
PRIVATE
Shall mean not publicly owned, operated or controlled.
PRIVATE ROAD
Shall mean a right-of-way other than a street which provides vehicular access to two or more lots but which has not been dedicated for public use.
PROFESSIONAL OFFICES
Shall mean the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers, planners, realtors and the like.
PUBLIC
Shall mean owned, operated or controlled by a government agency (Federal, State or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Board of Public Education).
PUBLIC GROUNDS
Shall mean and include (a) parks, playgrounds and other public areas; and (b) sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
PUBLIC RIGHT OF WAY
Shall mean any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
RECREATION
Shall mean:
a. 
Recreation, commercial. Recreation facilities operated as a business and open to the general public for a fee.
b. 
Recreation, private, noncommercial. Clubs or recreation facilities, operated by a nonprofit organization.
c. 
Recreation, public. Recreation facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization, and open to the general public.
d. 
Recreation facility, outdoor. Any activity normally conducted outdoors, including swimming, tennis, baseball, football, and similar recreational and/or athletic activities. Such activities conducted within an enclosed building or structure shall be considered to be outdoor recreational facilities.
ROOMING HOUSE
Shall mean a dwelling which has more than one sleeping room for rent to persons not related to its other occupants. The term "rooming house" includes the term "boarding house."
SCHOOL
Shall mean a place offering instruction in any branch of knowledge under the supervision of the State of New Jersey or a lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the State of New Jersey.
SCHOOL, NURSERY
Shall mean any place designed and operated to provide regular instruction and daytime care for two or more children under the age of elementary school.
SEMIDETACHED BUILDING
Shall mean a building that is:
a. 
Surrounded on three sides by yards.
b. 
Located so that one wall is on or adjoins a side lot line, and abuts on the neighboring house.
SEMIPUBLIC USES
Shall mean churches, Sunday schools, parochial schools, colleges, hospitals, and other institutions of an educational, religious, charitable or philanthropic nature.
SEX SHOP
Shall mean any establishment which:
a. 
In whole or in part, sells, leases, dispenses or displays photographs, drawings, films or reproductions of any type depicting explicit or implied sex acts; or
b. 
Exhibits or permits the exhibition of live sexual acts or implied sexual acts; or solicits, or permits solicitation, persons and/or animals for purposes of indulging in sexual relations or implied sexual relations.
SIGN
Shall mean any surface, fabric, device or structure (including billboard, or poster panel) bearing lettered, pictorial or sculptured matter designed for visual communication and used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or any official traffic control sign or device.
SIGN, ADVERTISING
Shall mean a sign which directs attention to a business, commodity, service or entertainment which is not sold or offered upon the same premises where the sign is located.
SIGN, BUSINESS
Shall mean a sign which directs attention to a business, profession, commodity, service or entertainment which is sold or offered upon the same premises where the sign is located.
SIGN, DEVELOPMENT
Shall mean signs advertising the sale or development of the premises upon which they are erected.
SIGN, FLASHING
Shall mean an illuminated sign which revolves or has alternating light or color while in use.
SIGN, GROSS SURFACE AREA OF
Shall mean the entire area within a single continuous perimeter enclosing the extreme limits of the sign and not passing through or between any adjacent elements of same. However, the perimeter does not include any structural or framing elements lying outside the limits of the sign and not forming an integral part of the display.
SIGN, INSTITUTIONAL
Shall mean signs of schools, colleges, churches, hospitals, sanitariums or other institutions of a similar public or semipublic nature.
SIGN, NAME PLATES AND IDENTIFICATION
Shall mean signs indicating the name or address of the occupant, or a permitted home occupation.
SIGN, TEMPORARY
Shall mean:
a. 
Offers premises for sale, rent or development.
b. 
Advertises the services of building trades engaged in construction or alteration of the premises upon which the sign is located or
c. 
Advertises a special event.
SIGNS, DIRECTIONAL
Shall mean signs, indicating the location and direction of premises available for or in process of development, but not erected upon the premises and bearing the name of the owner, developer, builder or agent.
SITE
Shall mean a parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREA
Shall mean all land area within the site as defined in the deed. Area shall be from an actual site survey rather than from a deed description.
STORY
Shall mean the portion of a building included between the surfaces of any floor and the floor above it. If there is no floor above it, then the space between the floor and the ceiling next above it.
a. 
Story, half. A partial story under a gable, hip, or gambrel roof, the wall places of which on at least two opposite exterior walls are not more than four feet above the floor of such story. Any partial story used for residence purposes, other than for a janitor and his family, shall be deemed a full story.
b. 
Story, first. The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building. Any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.
STREET
Shall mean and include street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. The term "street" as defined above shall include the land within the right-of-way lands whether improved or unimproved.
STREET GRADE
Shall mean the officially established grade of the street upon which a lot fronts or in its absence the establishment grade of other streets upon which the lot abuts, at the midway of the frontage of the lot thereon. If there is no official established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINE
Shall mean the dividing line between the street and lot, also known as right-of-way line.
STRUCTURE
Shall mean any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.
TEMPORARY SIGNS
Shall be removed upon occupation of premises or immediately after work has been completed or the event advertised has taken place.
THEATER
Shall mean a building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.
TRAILER OR MOBILE HOME COURT
Shall mean a tract of land specifically planned and equipped to accommodate two or more residential trailers. The term includes all buildings, structures, tents, vehicles, utilities and accessories used for or intended as equipment for such courts.
USE
Shall mean the specific purpose for which land or a building is designed, arranged, intended or for which it is or may not be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
Shall mean the authorized departure from the requirements of the chapter in accordance with the procedures set forth in this chapter.
WINDOW
Shall mean an opening to the outside, other than a door, which provides all or part of the required natural ventilation, natural light or both to an interior space.
YARD
Shall mean a space open to the sky and unoccupied by any building, structure or merchandise for display or sale, located on the same lot with a building or structure.
YARD, FRONT
Shall mean a yard extending the full width of the lot and situated between the street right-of-way line and the required front setback line projected to the side lines of the lot. The depth of the front yard shall be measured between the required front setback line and the street right-of-way line.
YARD, INTERIOR
Shall mean an open, unoccupied space between the buildings of a dwelling group or its accessory buildings, not a front, side or rear yard.
YARD, REAR
Shall mean a yard extending the full width of the lot and situated between the rear line of the lot and the required rear setback line projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the required rear setback line.
YARD, SIDE
Shall mean a yard situated between the required setback line and the side line of the lot and extending from the front yard to the rear yard. Any yard not a rear yard or a front yard shall be deemed a side yard.
ZONING CERTIFICATE
Shall mean the written authorization issued by the Zoning Officer, for use of land or buildings or other structures.
ZONING MAP
Shall mean the map or maps containing the zoning districts of the Town of Guttenberg, together with all amendments subsequently adopted.
ZONING OFFICIAL OR ZONING OFFICER
Shall mean the administrative officer, appointed by the municipality, who shall administer and enforce the provisions of this chapter.
NOTE: Definitions of all other terms, i.e., terms not defined herein, shall be as included within the latest edition of "Webster's New Collegiate Dictionary". Any term not defined in this subsection or not within the latest edition of "Webster's Collegiate Dictionary" shall be as determined by the Zoning Board taken from any other appropriate source. After the application of any such definitions, they shall become part of this subsection and may not be changed without amending this Zoning Chapter.