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Hope Township City Zoning Code

§ 20-3

DEFINITIONS.

[1978 Code § 12-403; Ord. #12/4/85; Ord. #38-06 §§ 1-3; Ord. #93-05; Ord. #97-13, § 2; Ord. #00-09; Ord. #02-02; Ord. #05-09; Ord. #07-03 § I; Ord. #2015-06; amended 7-13-2022 by Ord. No. 2022-05; 10-9-2024 by Ord. No. 2024-13]
a. 
Interpretation. Except where it is specifically defined herein, all words and terms used in this Chapter shall carry their customarily accepted meanings: "lot" includes the words "plots" or "parcels" ; "building" includes the word "structure" ; "Occupied" or "Used" shall be considered as though followed by the words "or intended, arranged or designed, to be used or occupied" ; "dwelling" includes the word "residence." It is not the intent of this Chapter that any prohibited use or occupation shall be allowed because of a technical distinction in the meaning of any word.
b. 
Definitions as used in this Chapter:
ACCESSORY APARTMENT
Shall mean a separate living unit, part of a single family residence, containing separate cooking facilities designed for occupancy by a parent, uncle, aunt or other related person over 65 years of age.
ACCESSORY BUILDING OR USE
Shall mean a use or structure customarily incident and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.
AGRICULTURE
Shall mean the use of the land for farming or horticultural use or for raising poultry or livestock or otherwise devoted to any use contemplated by R.S. 54:4- 23.3.
ALTER
As applied to a building shall mean a change or rearrangement of supporting members, or exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another.
ANIMAL HOSPITAL
Shall mean a soundproof facility primarily for the veterinary care of domestic animals which may have boarding facilities.
AQUIFER
Shall mean a unique sandy, loamy, water bearing stratum serving as a recharge area of the water table.
AQUIFER OVERLAY AREA
Shall mean an area of land lying over an aquifer.
AUTOMOBILE REPAIR FACILITY
Shall mean a building or place of business where motor oil and associated automotive fluids, batteries, tires, towing and vehicle recovery, and automobile repair services are rendered, at retail. Dispensing of gasoline and other fuels is not permitted. Accordingly, electric vehicle charging stations could be located at such an establishment.
BASEMENT
Shall mean a portion of a building partly underground, but having less than one-half of its clear height below the average grade of the adjoining ground.
BLOCK AREA
Shall mean an area which is bounded by existing public roads.
BUFFER STRIP
Shall mean land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances through the erection of fences, or the planting of shrubs and trees.
BUILDABLE AREA
Shall mean that portion of the lot within the building envelope which is free from critical areas.
BUILDING
Shall mean a structure having a roof, supported by columns, posts, or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING ENVELOPE
Shall mean that portion of a lot within the required setbacks.
BUILDING HEIGHT
Shall mean the vertical distance measured from the average finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to a point halfway between cases and ridge for gable, hip and gambrel roof.
BUILDING LINE
Shall mean a horizontal line across a lot parallel to the front lot line at the required distance from the street line.
BUILDING, MAIN OR PRINCIPAL
Shall mean a building or structure in or with which is conducted the main or principal use of the lot on which the building is located.
BUSINESS OFFICE
Shall mean an office wherein the management of a business is carried on, including accounting, professional and bookkeeping functions, customer services and complaints, purchasing, sales, personnel and advertising functions.
CELLAR
Shall mean a portion of the building partly underground having one-half or more than one-half of its clear height below the average grade of the adjoining ground.
CENTRAL SEWER
Shall mean a sewage transmission and treatment facility conforming to all governmental requirements and serving only the development applied for or portions thereof.
CENTRAL WATER
Shall mean a water supply system for the collection, treatment, storage and distribution of potable water from the source of supply to the customer or user.
CHURCH
Shall mean lands and buildings devoted to and used exclusively for religious purposes and entitled to exemption from taxation pursuant to the provisions of N.J.S.A. 55:4-3.6.
COMMERCIAL VEHICLES
Shall mean trucks, busses, sedan delivery vehicles, station wagons with advertising matter on the sides or any other commercially used vehicles except as passenger car with no advertising matter exposed to view.
COMMON OWNERSHIP
Shall mean ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly or as tenants by the entirety or as tenants in common.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Shall be as defined in N.J.S.A. 40:55D-66.2(a) set out in full. (See also Group Homes).
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Shall be as defined in N.J.S.A. 40:55D-66.2(b) set out in full. (See also Group Homes).
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 application or operation of such use as contained in this Chapter, and upon issuance of an authorization therefor by the Planning Board or Zoning Board of Adjustment.
COVERAGE
Shall mean the ground area of all buildings and structures on the lot and all paved areas, divided by the lot area, and expressed as a percent.
CRITICAL AREAS
Shall mean and include wetlands, wetland transition areas, flood plains, open water areas, and lands with slopes of 25% or greater.
DENSITY
Shall mean the permitted number of dwelling units per gross acre of land that is the subject of an application for development, including noncontiguous land, if authorized by Municipal Ordinance or by a plan development.
DISTRIBUTION CENTER
Shall mean a facility engaged in the receipt, storage, and distribution of goods, products, cargo, and other materials, including trans-shipment by boat, rail, air, or motor vehicle. Distribution shall not include warehouse. The functions of the distribution center are for the breakdown of large orders from a single source into smaller orders and consolidation of several orders into larger orders for distributions to several recipients is a key function of a distribution center. Retail sales, assembly and product processing are generally not part of a distribution center.
DISTRICT
Shall mean synonymous with the term "zone," part of the territory of the Township to which certain uniform regulations of this Ordinance apply.
DOMESTIC ANIMALS
Shall mean small tame animals normally pets, such as dogs, cats and other similar household pets.
DRIVE-IN RESTAURANT
Shall mean a structure where food and/or drink is sold ready for consumption and where a substantial portion of the customers consume the food and/or drink elsewhere than in the structure.
DRIVEWAY
Shall mean a privately owned lane or way for vehicular traffic leading from a street or road into and across private property as a means of ingress and egress to the property.
DWELLING
Shall mean any building or portion thereof designed or used primarily as the residence or sleeping place of one or more persons. A mobile home, hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure shall not be considered a dwelling under the terms of this Chapter.
DWELLING, MULTI-FAMILY
Shall mean a building containing more than one dwelling unit and includes garden apartments, apartments and attached single family dwellings.
DWELLING UNIT
Shall mean one or more rooms including cooking and sanitary facilities in a structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
EDUCATIONAL USE
Shall mean public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the State. Educational uses shall also include institutions of higher education duly licensed by the State Department of Higher Education. Summer day camps shall not be considered as educational uses or accessories to such uses.
FAMILY
Shall mean any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common, but not including those individuals living in a hospital, nursing home, sanitarium, hotel, motel, boarding house, fraternity house, sorority house or similar building or institution.
FARM
Shall mean a parcel of land containing at least five acres used exclusively for agricultural purposes as defined herein.
FEED LOT
Shall mean a small confined land area used principally for fattening cattle or other animals or holding them temporarily for shipment.
FLOOR AREA, GROSS
Shall mean the plan projection of all roofed areas of a building, excluding attached garages, multiplied by the number of full stories under each roof section, provided that the area under any roof overhang of two (2') feet or less shall not be included in the G.F.A. calculation. Basements which satisfy applicable construction code definitions of habitable space are included in the G.F.A. for residential uses. Only those floor areas which have a ceiling height of seven (7') feet or more shall be eligible for inclusion in the gross floor area.
FLOOR AREA, LIVABLE
Shall mean the total floor area of a dwelling, but not including rooms with more than one-half their cubic area below finished grade, rooms for heating equipment, garages, unenclosed porches, breezeways or other unheated areas. For the purpose of this Chapter floor area covered in whole or in part by a sloping ceiling shall be counted toward minimum livable floor area only for that portion having headroom of at least five (5') feet six (6") inches, provided further that at least 75% of such floor area has a ceiling height of at least seven (7') feet six (6") inches, and provided further that if such floor is situated above another floor, it shall be accessible from other livable floor areas in the dwelling by means of a permanent built-in stairway.
FLOOR AREA RATIO
Shall mean the ratio of the Gross Floor Area to the area of the lot or tract.
FOREST MANAGEMENT PROGRAM
Shall mean a plan prepared under supervision of the State Forester or other graduate forester active in the field of forest land management for the planting, marking, harvesting and removal of timber.
GARAGE, PRIVATE
Shall mean an accessory building for the housing of a motor vehicle or motor vehicles operated by the occupant of the principal building or use of the lot.
GARAGE, PUBLIC
Shall mean any garage other than a private garage which is open to the public and used for the storage and repair of motor vehicles.
GROUP HOMES
Shall mean community residences for the developmentally disabled and community shelters for victims of domestic violence as defined in N.J.S.A. 40:55D-66.2 occupied or designed to be occupied by more than six but not exceeding 15 persons excluding resident staff.
HAZARDOUS MATERIAL
Shall mean a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating, reversible illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of or otherwise managed.
HISTORICAL DISTRICT
Shall mean the LDAR-H Low Density Agricultural Residential Historic and HMH Districts.
HOME OCCUPATION
Shall mean an occupation customarily carried on for gain or conducted by members of the family residing in the dwelling and conducted solely within the dwelling or accessory building such as dress making, millinery, machine repairs, home baking, handcrafting and the like, provided that:
1. 
The total square footage for the occupation shall not occupy space equal to more than 25% of the total livable floor area in the dwelling or 50% of the accessory building;
2. 
There is no display of signs or merchandise visible from the street and no exterior advertising except an announcement sign no greater than three square feet in area;
3. 
No machinery or equipment shall be used that will cause electrical or other interferences with radio or television reception in adjacent residences;
4. 
Not more than one employee in addition to members of the family residing in the dwelling unit;
5. 
The business shall not produce any noise, glare, fumes, or odors;
6. 
A parking plan showing adequate off-street parking for the number of client customer(s) or patron(s), not to exceed four vehicles at any one time, must be submitted to the Hope Township Driveway Official for approval prior to any "Home Occupation" use commencing.
7. 
Deliveries and pickups by tractor-trailer are prohibited.
HOME PROFESSIONAL USE
Shall mean an occupation included, but not limited to any licensed professional conducted in a dwelling unit subordinate to its residential use provided that:
1. 
There is no display of signs or merchandise visible from the street and no exterior advertising except a professional nameplate no greater than two square feet in area;
2. 
The use does not occupy more than 25% of the total livable floor area in the dwelling;
3. 
No person other than the members of the family residing on the premises plus one employee shall be engaged in such occupation;
4. 
No more than one client or patient shall be permitted on the premises at any one time unless more than one is being serviced by the same professional at the same time, such as, by example, marriage or family counseling, or several clients in a joint venture, or several patients with a common problem, such as in the practice of family medicine;
5. 
No noise, glare, fumes, odors or electrical interference shall be permitted.
HOSPITAL
Shall mean sanitariums, sanatoriums, preventorium, clinic, rest homes, nursing home, convalescent home or any other containing beds for four or more patients, and used for the diagnosis, treatment or other care of ailments. A hospital shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
Shall mean a building which contains furnished living units for its occupants, and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies; and may provide, among other things, such services and features as lobby, mail and linens, central dining rooms, lounges, room service, and other services and features customarily provided in a hotel, including 24 hour office service. Living units may be provided for the sole use of resident employees, provided same do not exceed 3% of the living units provided.
JUNKYARDS
Shall mean any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered inoperable motor vehicles or other types of junk.
LIVESTOCK
Shall mean animals which are raised, kept or maintained as or for the provision of a product or service which, for the purposes of this Chapter, shall be interpreted to include among others, cattle, horses, sheep, goats, swine, chickens and fur-bearing animals such as mink or chinchilla.
LOT
Shall mean a piece or parcel of land abutting and having frontage on a street, the area of which in addition to the parts thereof occupied or which may hereafter be occupied by a principal building and its accessory buildings, is sufficient to provide the yard spaces required by this Chapter and which conforms to minimum area requirements of this Chapter. In the event that more than one plot or lot set forth in any map filed in the Warren County Clerk's Office, or lot as set forth on the present or future tax maps of the Township, is used in part or in full with one or more other such plots or lots for the creation of a building and its accessories, including yards required by this Chapter, the aggregate of all such plots or lots shall be for the purpose of this Chapter deemed to be one lot.
LOT AREA
Shall mean the surface of a lot located between the street line, side lines and rear lot lines.
LOT DEPTH
Shall mean the average horizontal distance between the front lot line, and the line of the lot opposite thereto.
LOT LINE, FRONT
Shall mean the street line of a lot. For a corner lot, the front lot line shall be considered to be the shortest street line. A lot which extends through a block from street to street shall be considered to have two front lots and no rear lot line.
LOT LINE, REAR
Shall mean the property line of a lot which is most distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE
Shall mean any property line of a lot which is not a front or rear lot line.
LOT WIDTH
Shall mean the distance between the side lot lines measured at the building line.
MOTEL, AUTO COURT, AUTO OR MOTOR CABINS
Shall mean one or more structures designed for the renting of sleeping rooms to transients and so laid out that there is direct and immediate access from a parked automobile to the rooms and access to the rooms which is not restricted to passage by a single controlled desk or lobby.
MUNICIPAL AGENCY
Shall mean the Planning Board or Zoning Board of Adjustment of the Township of Hope.
NON-HOUSEHOLD ANIMAL
The term "common household pet" means a domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish or turtle that is traditionally kept in the home for pleasure rather than for commercial purposes. Pet animal includes dogs and cats kept for working purposes on a farm. If this definition conflicts with any applicable State or local laws or regulations defining the pets that may be owned or kept in dwelling accommodations, the State or local laws or regulations must be applied.
NONCONFORMING BUILDING
Shall mean a building or structure or portion thereof lawfully existing as of the date of the adoption of this Chapter which was designed, erected or structurally altered so that it does not conform to the regulations of the district in which it is located.
NONCONFORMING LOT
Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the Hope Township Zoning Ordinance, but presently fails to conform to the requirements of the zoning district in which it is located.
NONCONFORMING USE
Shall mean a use which lawfully occupies a building or land as of the date of the adoption of this Chapter and which does not conform with the use regulations of the district in which it is located.
NUISANCE
Shall mean an offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating cessation of another's rights including actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affect a human being of ordinary sensibility; or the generation of an excessive or concentrated movement of people or things, such as but not limited to; noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise or congregation of people, especially at night, passenger traffic, transportation of things by truck, rail or other means, invasion of non-abutting frontage by parking.
OFF-STREET PARKING SPACE
Shall mean a temporary storage area for a motor vehicle that is either directly accessible to an access aisle, or which is located on a private driveway. No off-street parking space may be located on a dedicated street right-of-way.
PARKING SPACE
Shall mean an area of not less than 200 square feet (ten (10') feet wide and twenty (20') feet long) for the parking of a motor vehicle either within a structure or garage or in the open which, except in the case of residential properties, shall be exclusive of driveways or access drives.
PERSON
Shall mean an individual, proprietorship, partner-ship, corporation, association, or other legal entity.
POULTRY FARM
Shall mean a tract of land upon which the principal use is the growing of poultry other than in a completely closed building operated in such a way that the poultry do not come into contact with the soil and all excreta is regularly removed from the site.
PRINCIPAL BUILDING
Shall mean a building in which is conducted the main or principal use of the lot on which the building is located.
PRINCIPAL USE
Shall mean the primary use to which land or buildings are devoted.
PROFESSIONAL OFFICE
Shall mean the office of a physician, architect, dentist, attorney, engineer, accountant or land surveyor or similar professions as determined by the Board of Adjustment.
PROFESSIONAL OFFICE BUILDING
Shall mean a building in which is located one or more professional offices as defined herein.
PUBLIC UTILITY USES
Shall mean telephone or telegraph systems plant or equipment; electric power plants, substations, or equipment; microwave relay towers and transmission facilities, cable television plant antenna and transmission facilities; water company wells, storage facilities and pumping equipment; and gas transmission pumping stations for public use or to provide services to the public, excluding actual transmission lines.
RESIDENTIAL AGRICULTURE
Shall mean the growing and harvesting of plant life and the keeping of non-household animals for the enjoyment of the residents on the property and not for commercial purposes, provided the following:
1. 
A lot of at least two acres in size is required for the keeping of one non-household animal; and
2. 
One additional acre of land is required for each additional non-household animal up to three in total; and
3. 
One-half additional acre of land is required for each additional non-household animal thereafter.
Nothing in this Zoning ordinance shall be construed to apply to any commercial farming or agricultural use qualifying for a farmland assessment. All commercial farms or agricultural lands qualifying for a farmland assessment shall be permitted to maintain and raise pastoral animals without limitation, subject, however, to all applicable local and State statutes, ordinances, rules and regulations.
RESEARCH LABORATORY
Shall mean an establishment or other facility for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products, including necessary pilot plan operations.
RETAINING WALL
Shall mean a structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion.
SELECTED LIGHT INDUSTRIAL USES
Shall mean industrial plants which carry on processes within completely enclosed buildings, including the manufacture, compounding, assembly, or treatment of articles or merchandise from previously prepared material.
SEWER SYSTEM
Shall mean a system of pipes and devices for the collection, treatment and disposal of sewage meeting all applicable State, County and local health and construction standards.
SEXUALLY ORIENTED BUSINESSES
Shall mean:
1. 
A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area," or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area;" or instruments, devices, or paraphernalia which are designed for use in connection with a "specified sexual activity;" or
2. 
A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."
SIGN, AND/OR ADVERTISING STRUCTURE
Shall mean and include every surface on which there are letters, numbers, symbols, pictures or likenesses printed on the exterior surface or visible from the exterior of a building or structure, temporary or permanent, rigid or flexible, whether or not created by or utilizing lighting; and shall include the announcement, declaration, demonstration, display, illustration or insignia used to advertise, identify or promote the interest of any person, service or product. The word "sign" when used alone in this Chapter shall mean a non-illuminated sign. A lighted sign shall mean a sign which is lighted by external illumination only, by a light directed upon and reflected back from such sign, which shall be constructed in such manner that the source of the light is not visible from the street. A sign with internal illumination shall mean either a single or double faced sign made of glass, plastic or other material behind or between which are enclosed incandescent or fluorescent lamps used for the purpose of illuminating the sign. A neon sign means a sign consisting of tubes in which neon is used as one of the ingredients to provide illumination. A flashing sign means any sign lighted by any means, either internally or externally, by an intermittent source of illumination which blinks or flashes on and off. A revolving or moving sign means any sign however illuminated which is so designed as to revolve or move in any way or manner.
When signs of a certain type are stated to be permitted in any zone or district, such provision shall be construed as prohibiting any other type sign.
SLAUGHTER HOUSE
Shall mean a building or place in which animals are killed and butchered; an abattoir.
SPECIFIED ANATOMICAL AREA
Shall mean:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
1. 
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
2. 
Any actual or simulated act of human masturbation, sexual intercourse, or deviate sexual intercourse.
STREET LINE
Shall 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, curb line or edge-of-pavement line. In cases where title runs to the center of the street subject to the public easement, street line shall be the line parallel to the center line, a distance of one-half the right-of-way width. On a street shown on the adopted Master Plan of the Township the street line shall be considered to be the proposed right-of-way line for the street.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
STRUCTURAL ALTERATION
Shall mean any change in the supporting members of a building or structure, such as beams, columns or girders, or change in exit facilities.
SWIMMING POOL
Shall mean a body of water impounded in a receptacle located in or on the ground and having either permanent or temporary location thereon, and used for bathing or swimming therein.
TAVERN
Shall mean a licensed premises as described in Chapter 3.
TRUCKING TERMINAL
Shall mean a place where products goods, and materials are unloaded from one inbound source, such as a tractor trailer or railcar, and then either stored on a short-term basis or directly moved onto another outbound transportation source, and the primary storage of any products, goods, and materials occurs within a tractor trailer or railcar. May also be referred to as "cross-docking."
WAREHOUSE
Shall mean a portion of an industrial building used as an accessory use for the storage of merchandise, components or raw material. This definition shall specifically exclude the use of mini-warehouses which are designed for the storage of personal goods and rented for periods of time to individuals and small businesses.
YARD, FRONT
Shall mean an open space extending across the full width of the lot, the depth of which is either the minimum horizontal distance between the nearest point in the street line and the required setback line in the district or, as to improved lots, the minimum horizontal distance between the nearest point in the street line and the nearest part of the principal building.
YARD, REAR
Shall mean an open space extending the full width of the lot between the required rear yard setback of the district and the rear lot line. Only accessory structures shall be located in the rear yard in accordance with the provisions of this Chapter.
YARD, SIDE
Shall mean an open space extending from the front yard to the rear yard, which shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
ZONING PERMIT
Shall mean a document signed by the Zoning Officer which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conservation or installation of a structure or building and which acknowledges that such use, structure or building complies with all provisions of this Chapter or a variance therefrom duly authorized according to law.