A building detached from and subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

A use customarily incidental and subordinate to the main use conducted on the same lot, whether or not such accessory use is conducted in a minor accessory building.

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

The entity responsible for the administration of affordable units in accordance with this chapter, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.

As to the Planning Board, the Secretary of the Planning Board. For the purpose of determining whether structures and uses are conforming or nonconforming, the Zoning Officer shall serve as the administrative officer.

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

A sales price or rent within the means of a very-low-, low- or moderate-income household as defined in N.J.S.A. 52:27D-304; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

A housing development all or a portion of which consists of income restricted units.

A very-low-, low- or moderate-income dwelling unit.

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

A monthly rent including utilities charged to an eligible very-low-, low- or moderate-income family which shall not exceed 30% of their monthly gross income as calculated by N.J.A.C. 5:93-7.4(f).

A housing unit proposed or created pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and approved for crediting by the court and/or funded through an affordable housing trust fund.

A residential development consisting of housing units designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development wherein the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

As applied to a building or structure, a change or rearrangement in any part or in the existing facilities or an enlargement of any dimension of the building or the moving from one location or position to another. Ordinary repairs shall not be considered "alterations."

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the DCA; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

Any machine or device which, upon the insertion of a coin, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. This term shall include, but not be limited to, amusement devices commonly known as electronic video games, pinball, skillball, mechanical grab machines, marble machines, baseball, bagatelle, and all games, machines or devices similar thereto under whatever name they may be designated.

A residential structure of not more than 2 1/2 stories containing three or more dwelling units. (See also "multiple dwelling.")

An accessory shelter that is made by growing plants or vines over a frame.

The aggregate of the horizontal cross-section area of the building(s) on a lot, excluding cornices, eaves, gutters, balconies and terraces.

That part of a building which is immediately below and wholly or partly within the roof framing.

The first line of masonry of a structure above the adjacent ground level.

That space of a building that is partly below grade and which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

Any combination of materials forming any construction with a fixed location on the ground. The word "building" shall include structures, signs, fences, walls, radio and television antennas, gasoline pumps, pergolas, outdoor bins, swimming pools, mobile homes and other similar structures.[1]

A building in which the primary use of the premises is conducted.

A story having more than 1/2 of its height, measured from finished floor to finished ceiling, below the adjacent ground level.

A household that has been certified by an Administrative Agent as a very-low-income, low-income household or moderate-income household.

As defined in Chapter 27, Subdivision, § 27-1-4.

For the purpose of measuring the height of any portion of a building, the level of the curb at the center of the front of the building, except that where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center of each front.

The State of New Jersey Department of Community Affairs.

A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.

Premises constructed for the sale of any goods or services by means of curb, window-counter or self-service, whether to the motoring public or to pedestrians.

A transportable rigid container, which is a portable, detachable device, used for routine collection, and storage of solid waste, construction materials, industrial and other waste or recyclable materials on a temporary basis.

A building or entirely self-contained portion thereof containing complete housekeeping facilities for one family only and having no enclosed space or cooking facilities in common with any other dwelling unit, except vestibules, entrance halls, porches or hallways.

The floor area enclosed within the inside walls of the dwelling unit with a finished floor-to-structural-ceiling height of not less than seven feet six inches and excluding garages, porches and any spaces located below the top of the foundation wall.

One of the following:

A detached building, other than a mobile home, containing one dwelling unit designed for one family only.

A building or portion thereof containing two dwelling units, each with separate kitchen(s) and bathroom(s). This may be either a semidetached house, the two parts of which share a party wall, each side not housing more than one family, or a structure containing separate quarters for one family over the quarters of the other family.

The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Borough proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.

One or more persons related by blood, marriage or adoption or unrelated persons occupying a dwelling unit as a single nonprofit housekeeping unit.

Any vertical obstruction that provides physical or visual security or privacy. This includes, but is not limited to, living fences (hedges, shrubs, trees) or other barrier material of posts, rails, slats, lattice, mesh, etc., or any built structure.

A garage used for the storage of vehicles and accessory to the principal use of the building on the same parcel.

A garage which is used commercially for the storage, servicing, maintenance or equipping of vehicles.

An accessory building consisting of a detached, covered, freestanding, open-air structure.

The sum of the gross horizontal areas of all floors of any building or buildings on a lot, measured from the interior faces of interior walls. In particular, the floor area shall include any basement or cellar space which has been improved for use and all interior balconies and mezzanines.

The vertical distance measured from the established grade curb level at the front of the building to the highest point of the roof.

The number of separate habitable levels, excluding cellars and basements. Split-levels and mezzanines which do not accommodate a habitable space underneath shall be counted as 1/2 a story.

Any handicraft, profession or service 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 shall be sold or offered for sale except such as may be produced by members of the immediate family residing on the premises, and no machinery shall be used other than one sewing machine and customary office equipment. A "home occupation" may be a funeral home, private school or professional office but shall not be limited to these.

Persons, whether related or unrelated, living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

The portion of the Borough's Master Plan, required by the Municipal Land Use Law in N.J.S.A. 40:55D-28b(3) and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., that includes the information required by N.J.A.C. 5:93-5.1 and establishes Hightstown's fair share obligation.

A development containing both affordable units and market rate units. This term includes, but is not limited to, new construction, the conversion of a non-residential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.

Any paved or otherwise surfaced off-street space provided in a convenient location, only for the loading or unloading of goods, having dimensions of at least 12 feet in width and 35 feet in length with clear headroom of at least 14 feet and having direct usable access to a street.

Any single parcel of land having frontage on an improved public street or an approved private street and not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which shall be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory to such group, if any, or as a yard to provide open space or other uses for a building on an abutting lot.

The mean distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot. In a corner lot, the depth is the longer dimension thus measured.

Any boundary line of a lot.

The mean dimension of the lot, measured at right angles to its depth.

A lot at the junction of and abutting on two or more intersecting streets.

A lot other than a corner lot.

A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.

A restricted unit that is affordable to a low-income household.

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

The median income by household size for the applicable housing region, as updated annually according to a formula approved by the court.

A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.

A restricted unit that is affordable to a moderate-income household.

See definition of "hotel" under "multiple dwelling" definition.

The sum of the horizontal areas of all floors of any nonresidential building, measured from the interior faces of interior walls, which are intended for the primary use of the building's purpose, e.g., office space in an office building or retail sales area in a store. This shall not include basements, storage areas, bathrooms and similar secondary uses.

The area of all property in residential use, including yards, buildings, driveways, play areas and other open space and private streets, but excluding public streets and other lands in nonresidential use and the open space pertaining to such nonresidential use.

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.

A building or use that does not conform to the regulations prescribed in this chapter for the district in which it is located.

A space nine feet wide and 20 feet long, exclusive of driveways and turning areas, which shall be accessible from an aisle, driveway or public street and available for the parking of one vehicle.

An accessory structure of parallel colonnades supporting an open roof of crossing rafters or trelliswork.

A theater, moving-picture house of any other place or assembly hall maintained or leased for pecuniary gain where persons may assemble for amusement or recreation, except buildings or halls owned by churches or religious organizations.

A transportable container, storage unit, shed-like container or other portable structure designed and used for the temporary storage of household goods, personal items, construction materials and supplies and other materials which is placed on a site for the use of occupants of a dwelling or building on a limited basis; portable storage units include, but are not limited to, certain trade named units called "PODS," "mobile attics" and like portable on-demand storage containers.

A toilet facility that is fixed on a movable stand; self-supporting without being firmly embedded in the ground; supported by other objects; mounted on wheels or movable vehicles, or made easily movable in some other manner.

A person:

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

A register of eligible very-low-, low- and moderate-income households for which suitable units are not yet available.

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved regional income limits.

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted-living residences, rent does not include charges for food and services.

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under the Urban Homeownership Recovery Program (UHORP) or Market Oriented Neighborhood Investment (MONI) Program.

See definition contained under "dwelling, multiple."

Includes small satellite and large satellite antennas or dishes, as follows:

Any device or representation for visual communication used as or which is in the nature of an advertisement, announcement or direction, including any letter, word, model, banner, pennant, insignia or trade flag, but excluding any public traffic or directional signs.

A rigid structure, either installed, placed or constructed on a lot, for the purpose of storage of personal household goods.

That habitable part of any building included between any floor and the floor or ceiling next above. The ground or first story of a building shall be the lowest story thereof which has its floor level entirely above the level of the ground, except that when the ground story has a ceiling seven feet six inches or more above the curb level, it shall be considered as a "story" in determining the height of a building.

A story under a roof, other than a flat roof, the rafter plates of which on at least two opposite walls are less than three feet above the floor itself.

The dividing line between a lot and a public street, road or highway having a width of at least 25 feet or a private street, road or way over which two or more dominant properties have the right-of-way.

Any change in the supporting members of a building.

A noncommercial structure that is used for the transportation or storage of goods or materials, for temporary short-term habitation in case of calamity, or other occupancy as provided in § 28-10-18; a box container which has been temporarily or permanently removed from a chassis or truck bed shall be considered a "trailer."

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

A household with a total gross annual household income equal to 30% or less of the median household income by household size.

A restricted unit that is affordable to a very-low-income household.

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

An open, unoccupied space within and extending the full width of the lot between all street lines and the parts of the building nearest to such street lines.

An open space, unoccupied except for permitted accessory buildings, extending the full width of the lot between the rear lot line and the parts of the building, throughout its height, nearest to such rear lot line. In the case of a lot on the corner of two or more streets, either lot line not bordering on a street may be elected by the owner to be the rear line, provided that he notes the same on his plans as officially filed with the Building Inspector. In case of a triangular lot between two streets meeting at an angle of 90° or less, the lot line which is not also a street line shall be considered a side lot line and not a rear lot line.

The minimum distance from the rear lot line or its vertical projection to the part of the building, throughout its height, that is nearest thereto at any story level.

An open unoccupied space, extending the full length of the lot, between the side lot line and the part of the building nearest thereto.

The minimum distance between the side lot line or its vertical projection and the side walls of the building at any story level.