Lafayette City Zoning Code
§ 13-5
DEFINITIONS.
[Ord. No. 2012-06 § 13-5; Ord. No. 2014-10 § 3; Ord. No. 2015-17 § 1; Ord. No. 2016-16 § 2; Ord. No. 2017-14 § 1; Ord. No. 2018-02; Ord. No. 2018-17 § 1]
NOTE: Where a conflict arises between the definition of a term contained herein and the definition as found in a State statute or regulation that applies to the application under consideration, the definition contained in the State statute or regulation shall control unless the State law specifically defers to the municipal ordinance or regulation or the State law allows a municipality to deviate from the State statute or regulation. The use of bold type in the Lafayette Township Ordinance is for the purpose of alerting a reader that the term is defined in § 13-5. However, failure to use bold type when using a term in these chapters is an oversight and the use of a term without bold type is still governed by this definitions section.
Shall mean a subordinate structure on the same lot as a related principal structure. When an accessory structure abuts or is attached to a principal structure in a substantial manner, by a wall or roof, such accessory structure shall be considered part of the principal structure.
See Use, accessory.
Shall mean any construction that increases the size of a building or structure in terms of lot coverage, height, length, width or gross floor area.
Shall mean a unit with a sales price or rent within the means of a low- or moderate- income household as defined in the Fair Housing Act.
Shall mean the cultivation of the soil and the raising and harvesting of the products of the soil, including, but not limited to, nursery, horticulture, forestry and animal husbandry, whether for profit, private or personal use.
Shall mean farming, including plowing, tillage, cropping, seeding, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feed yards); aquiculture; sod production, orchards, Christmas tree plantations and nurseries.
Shall mean the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, silviculture, and animal/poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
Shall mean a facility where aircraft or airborne vehicles, of all types, land and take off and which may provide storage, maintenance and fuel services for such aircraft and which, as to design, surface, maintenance, repair and management thereof meets the minimum requirements of, and is licensed pursuant to N.J.S.A. 6:1-1 et seq., whether such facility be public or private. The term "airport" shall include airstrip, airfield, landing field, landing strip, heliport, helistop and all other like facilities.
Shall mean a right-of-way, dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public vehicular or utility access.
Shall mean any enlargement; addition; relocation; repair; remodeling; change in number of living units; development of or change in an open area; development of or change in a sign, by painting or otherwise; or other change in a facility, but excluding painting except as provided above for signs; ordinary maintenance for which no building permit is required; and demolition or removal.
Shall mean any animal customarily kept by humans for companionship, including but not limited to dogs, cats, hamsters, birds, rabbits and the like.
Shall mean a place where animals or pets are given medical or surgical treatment. The keeping or boarding of animals shall be necessary to and incidental to such hospital use.
Shall mean cattle, horses, mules, sheep, goats, pigs, llamas, beasts of burden, or any other animal not considered a domestic animal.
Shall mean any premises used for the sale or trading of articles of which 80% or more are over 50 years old and have collectible value. Antique shop does not include "secondhand store."
See Dwelling unit, types.
Shall mean the party applying for permits or other approval required by this chapter.
Shall mean the completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the Land Use Board of the Township for development review, approval, or permitting purposes.
Shall mean the official action of the Land Use Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
Shall mean the conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 48 and 49, prior to final approval after specific elements of a development have been agreed upon by the Land Use Board and the applicant.
Shall mean the Land Use Board of Lafayette Township as designated by ordinance unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
Shall mean a saturated geologic formation that will yield a sufficient quantity of water to serve as a private or public water supply.
Shall mean a continuous passageway parallel to and open to a street, open space or building, usually covered by a canopy or permanent roofing, and accessible and open to the public.
Shall mean a curved structure in a vertical plane capable of spanning a space or opening while supporting significant weight.
See Gross area.
Shall mean a vegetated area consisting of existing or planted trees and shrubs, located or established between existing or proposed development within the Ridgeline and Hillside Viewshed Protection Area and public areas. The purpose of the Area of Protection is to totally obscure the view of development within the Ridgeline and Hillside Viewshed Protection Area and public areas as viewed from the view line. See Figure 1 in § 13-13E3.
Shall mean American Society of Civil Engineers.
Shall mean American Society for Testing Materials.
Shall mean any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof.
Shall mean a building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder.
Shall mean every vehicle, except motorcycles, designed for carrying 10 passengers or less and used for the transportation of people.
Shall mean a facility which provides collision repair services, including frame straightening, replacement of damaged parts, and painting. Body and frame repair does not include mechanical engine or power train repair.
See Motor vehicle fueling station.
See Motor vehicle service station.
Shall mean American Water Works Association.
See Financial institutions.
Shall mean a space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
Shall mean overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation.
Shall mean a room intended for sleeping. Any room designated on the building plan submittals as a den, library, study, loft or other extra room will be considered to be a bedroom for the purposes of this chapter.
Shall mean a man-made mound of earth in excess of two feet in vertical height used to shield or buffer properties from adjoining uses, highways, or noise, or to control the direction of surface water flow.
Shall mean the Lafayette Township Land Use Board.
Shall mean a person who resides in a dwelling who is not a member of the family unit that is the primary occupant of the dwelling, and who pays for or performs services in exchange for such occupancy. A boarder does not include a person who has separate cooking facilities made available to him.
Shall mean a single-family dwelling where more than two but fewer than six bedrooms are provided for lodging for definite periods of times. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests.
See Automobile body shop.
Shall mean an area of land, including landscaping, berms, fences, and building setbacks, that is located between land uses of different character.
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Shall mean the space remaining on a lot after the minimum open space and offsets are considered and after compliance with setback requirements; excepting any environmentally sensitive areas and environmentally critical areas or similarly designated unbuildable lands.
Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
Shall mean a percentage of a lot including all buildings, but does not include eave overhangs, second story balconies and decks that allow for the drainage of water through the deck surface and are a minimum of 10 feet above the finished grade at all points.
Shall mean the three-dimensional space within which a structure is permitted to be built on a lot.
Shall mean the vertical distance from grade plane to the average height of the highest roof surface.
Shall mean the building line is the inner edge of any required yard or required setback, and the corresponding outer edge of the buildable area.
Shall mean a building in which is conducted the main or principal use of the lot on which the building is located.
Shall mean a permit issued by the duly designated construction official authorizing the erection, construction, reconstruction, alteration, repair, conversion, or maintenance of any building, structure, or portion thereof. Such a permit shall not be issued without the signature of the Zoning Official or designee, certifying compliance with this chapter.
See Office, business.
Shall mean a parcel of land devoted to primarily outdoor recreation uses not including overnight accommodations for the users.
Shall mean a permanent roofed structure permanently open on at least two sides, designed for or occupied by automobiles.
Shall mean the actual road surface area from curbline to curbline which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.
Shall mean a space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. (Comment: Cellars should be used only for mechanical equipment accessory to the principal structure or for uninhabitable space. As such they are not counted as a story or in the computation of the intensity of land use, such as floor area ratio.)
Shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbariums, crematoriums, and mausoleums, when operated in conjunction with and within the boundary of such cemetery.
Shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all applicable Federal, State and municipal codes and ordinances.
Shall mean an establishment providing for the care, supervision, and protection of children, but not a preschool.
See House of Worship.
Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or trans-shipment points.
Shall mean a facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.
Shall mean a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
Shall mean a form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.
Shall mean any use involving in part or in whole the sale of merchandise, materials or services for profit.
Shall mean trucks, buses, sedan delivery vehicles, station wagons, minivans or sport utility vehicles or any other commercially used vehicles subject to that licensing designation under N.J.S.A. 39:1-1 et seq.
Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use and enjoyment of residents and owners of the development. Common open space may contain such complementary structures or improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development, as permitted.
Shall mean a vertical wall and/or horizontal separation forming a structural part of two buildings or of two separately owned and/or rented units in the same building. Such a wall contains no openings and extends from its footings below finish grade to the height of the exterior surface of the roof.
Shall mean ownership of two or more contiguous parcels of real property by the same person or persons.
Shall mean a preliminary, nonbinding presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
See Use, conditional.
Shall mean a parcel, plot or area of land abutting a public street complying with the minimum requirements of N.J.S.A. 40:55D-35, exclusive of any area within such public street, whose area is sufficient to provide the yard, space and setback requirements and the minimum area requirements for the zone district in which it is located and complying with all other minimum requirements for said district, as required by this chapter.
Shall mean land that includes environmentally sensitive areas or environmentally critical areas or any land restricted by the regulation of any County, State or Federal Code.
Shall mean the minimum contiguous area within the setbacks of a lot consisting of land suitable for construction of principal and accessory buildings and structures, excluding environmentally sensitive areas and environmentally critical areas as defined by this chapter.
See Rest home and convalescent home.
Shall mean land development which does not utilize the techniques of lot averaging, clustering or planned development.
See Impervious surface coverage or ratio.
Shall mean a closed or open conduit designed for the purpose of conveying an open channel under a road, highway, pedestrian walk, railroad embankment, or other type of overhead structure.
See Camp, day or youth.
See Child care center.
Shall mean diameter of a tree trunk at breast height (typically three feet, six inches above ground level).
Shall mean any razing or destruction, whether entirely or in significant part 25% or more, of the exterior of a building structure or site, including the removal of a building or structure from its site or the removal, stripping, concealing, or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction.
Shall mean the permitted number of dwelling units per gross area of land to be developed.
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having enforceable proprietary interest in such land.
Shall mean a legal agreement between a developer and a municipality in which the terms and conditions required for successful completion of the development are enumerated.
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
Shall mean a construction schedule and plan showing the time frame in which each portion of a development will be constructed or improvements will be installed. Also referred to as a phasing plan.
Shall mean part of the municipality to which certain uniform regulations of this chapter apply as a separate zone district.
Shall mean a nonpublic well that is used primarily to provide drinking and sanitary water supply for an individual dwelling unit.
Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen non-point pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
Shall mean a geographic area within which stormwater runoff, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
Shall mean the configuration of a drainage system including man-made and natural features within a drainage basin.
Shall mean the lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with the Water Supply Management Act, N.J.S.A. 58:1A-1 to 26.
Shall mean a system of man-made structures, which includes grading or other appropriate means, designed to collect, convey, hold, divert, or discharge stormwater.
Shall mean in addition to its regularly accepted common meaning, any lane, way, field entrance or privately owned road, except as hereinafter exempted in Lafayette General Ordinance Subsection 9-5.4.
Shall mean a driveway is altered within the meaning of this chapter when it is widened, relocated or when its grade is changed or when it is modified in any way that alters the prior existing drainage from said driveway onto a public right-of-way or adjoining property. Normal maintenance, such as paving an existing stone driveway, replacing stone or patching asphalt shall not be considered as "altering a driveway."
Shall mean one providing access to an office, retail or institutional building or to an apartment building having more than five dwelling units or any other use classified as commercial or institutional in the Lafayette Township Land Use Ordinance, but not by way of limitation thereof. Industrial plant driveways whose principal function is to serve administrative or employee parking lots are considered "commercial driveways."
Shall mean a driveway providing access to a single-family residence.
Shall mean a building or portion thereof designated or used primarily as living quarters for one or more persons, but not including hotels, motor lodges, bed and breakfasts, boarding houses or other accommodations for the transient public.
Shall mean one or more rooms, designed, occupied or intended for occupancy as separate living quarters, with sleeping and sanitary facilities and only one cooking facility provided within the dwelling unit for the exclusive use of a single family maintaining a household.
SINGLE-FAMILY DETACHED or ONE-FAMILY DETACHEDShall mean a freestanding residential building which contains one dwelling unit and which has no common walls with other dwelling units.
DUPLEXShall mean a freestanding residential building containing two dwelling units each of which has direct access to the outside and is totally separated from the other by an unpierced wall extending from basement to roof.
TRIPLEXShall mean a freestanding residential building containing three dwelling units each of which has direct access to the outside and is totally separated from the other units by an unpierced common wall extending from the basement to the roof.
EFFICIENCYShall mean a residential dwelling unit without a separate bedroom and not exceeding 600 square feet of gross floor area.
APARTMENT or APARTMENT UNITShall mean a suite of rooms, with a full private bath and cooking accommodations, used or designed for use as a residence by a person or persons.
FLAT"Flat apartment," "stacked flat" or "stacked flat apartment" shall mean a self-contained dwelling unit that occupies only part of a building on a single level without a stair within the dwelling unit.
[Ord. No. 2016-16 § 2]
TOWNHOUSEShall mean a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (Note: Townhouses usually have separate utilities, such as individual hot water and heating systems, separate electric meters, and so forth. However, in some condominium developments, the condominium association may arrange for bulk purchase of certain utilities and distribute them to individual dwelling units.)
[Ord. No. 2016-16 § 2]
Shall mean the right to use real property belonging to another person or entity for certain limited purposes.
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 pre-schools and institutions of higher education duly licensed by the State Department of Education. Day or youth camps shall not be considered as educational uses or accessories to such uses.
Shall mean a small, removable residential unit designed to provide temporary housing for immediate relatives who are 55 years of age or older or disabled in a movable accessory residential structure on a lot containing a principal residential structure.
[Ord. No. 2018-17 § 1]
Shall mean an area or feature that poses a physical or chemical hazard or concern, including predevelopment slopes of 15%, or greater, seasonable high water table within two feet of the surface, shallow depth to bedrock of 0 to 3.5 feet, rock outcrop, floodplains, streams, brooks, rivers, and their corridors, ponds, lakes, and open waters, land overlying known or suspected faults, slides, sinkholes, subsidence locations, lands underlain by carbonate bedrock or expansive soil, lands underlain by groundwater that has had its use restricted by the State due to the presence of contaminants, or land impacted by contaminants above unrestricted use standards or criteria adopted by or otherwise applied by the State.
Shall mean an area or feature of significant environmental value, including surface waters, any water resource which is utilized as a public water or nonpublic water supply, groundwater recharge areas, wellhead protection areas, wetlands and wetland transition areas, submerged vegetation habitats, prime forest land or unique forest land, natural heritage priority sites, or habitats of endangered or threatened plant and animal species.
Shall mean the erection, construction, alteration or maintenance, by public utilities, municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, including electrical substations, telephone dial centers, poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities, municipal or other governmental agencies for the public health, safety or general welfare. "Essential services" shall include firehouses, first aid and emergency aid squad, whether provided by a municipal or nonprofit agency, pumping stations, sewage treatment facilities, stand poles and water storage tanks.
Shall mean the quarrying, handling and processing of stone, sand and gravel which are extracted from the premises.
Shall mean those portions of the facade which face and are most closely parallel to the front lot line.
Shall mean the total wall surface, including door and window areas, of a building's facade front. In the case of corner buildings which front on more than one street, only one face shall be used to calculate facade area.
Shall mean a structure which is built, installed, or established to serve a particular purpose.
Shall mean any number of persons related by blood, marriage or adoption or unrelated individuals maintaining a household. A "family" shall, also, include foster children but shall not include roomers or members of a fraternity or sorority.
Shall mean a parcel of land containing at least five acres for the primary purpose of agricultural use.
See Roadside stand.
Shall mean an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land, but not to include berms.
See Plat, final.
See Approval, final.
Shall mean an establishment that provides financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, and lending establishments. Not included are freestanding automatic teller machines.
Shall mean any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
See Lot, flag.
Shall mean a freestanding structure or a structure attached to a building or to the roof of a building and used for the sole purpose of displaying flags.
Shall mean the flood resulting from the 100-year flood discharge increased by 25%.
Shall mean the 100-year flood along non-delineated watercourses or the flood hazard area design flood along delineated watercourses as per current N.J.A.C. 7:13.
Shall mean the area inundated by a regulatory flood including the water course that creates it as per current N.J.A.C. 7:13.
Shall mean top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in a wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
Shall mean the floor area within the inside perimeter of the exterior walls of the building under consideration exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts as defined by the International Building Code, New Jersey Edition.
Shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
Shall mean a local or national organization of college or university students, including sorority, organized for the purpose of sharing cultural, scholarly or religious interests, where involvement requires regular meetings and formal written membership requirements.
See Lot line, front.
Shall mean a detached building or portion of the principal building, including a carport, which is used primarily for storing automobiles or other motor vehicles of a rated capacity of not more than one and one-half tons.
Shall mean a structure, or portion thereof, other than a private garage, used for the parking and/or storage of motor vehicles and available to the general public.
Shall mean a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building between the structure and a point six feet from the building.
Shall mean a retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies at least 5,000 square feet, but not more than 25,000 square feet of gross floor area.
Shall mean the total horizontal area within a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
Shall mean a nonprofit or for-profit home for the sheltered care of persons with special needs, which, in addition to providing food and shelter may also provide some combination of personal care, social or counseling services, and transportation.
Shall mean the affordable housing obligation generated in each municipality by the methodology detailed by the appropriate agency charged with the responsibility of implementing affordable housing in the State of New Jersey.
See Floor area.
Shall mean a room occupied or designed to be occupied by one or more persons for living, sleeping, eating, or cooking, including kitchens serving a dwelling unit, but not including bathrooms, toilet compartments, laundries, pantries, cellars, attics for storage, and other similarly approved spaces that are not used frequently or for extended periods.
Shall mean any employment or occupation conducted within a dwelling which shall constitute either entirely or partly a source of income of a person living in such dwelling in accordance with Subsection 13-8.3d.
Shall mean a duly incorporated organization composed of all owners of property in a development.
Shall mean the use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.
Shall mean an institution, licensed by the State Department of Health providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.
Shall mean a building containing more than five rooms used, rented or hired out, to be occupied for sleeping purposes by guests, where general kitchen, dining room and/or banquet rooms are provided within the building.
Shall mean a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses and entitled to exception from taxation pursuant to provisions of N.J.S.A. 54:4-3.6.
Shall mean Illuminating Engineering Society.
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
Shall mean a measure of the intensity of land use determined by dividing the total of all impervious surfaces on a site by the gross site area.
Shall mean any man-made, immovable item which becomes part of, is placed upon, or is affixed to land or an existing structure or building.
Shall mean improvements required to be made off site as a result of an application for development including but not limited to streets, water, drainage, or sewer line improvements.
Shall mean a housing development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
Shall mean a use by a public or nonprofit, quasi-public, or private institution for educational, religious, charitable, medical or civic purposes.
Shall mean:
In criminal or quasi-criminal proceedings, any citizen of the State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative hearing or proceeding before a State, County or municipal agency, any person whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of Sussex County, the State of New Jersey or of the United States have been denied, violated or infringed by an action or failure to act under this chapter.
Shall mean a point where two or more streets meet and/or cross.
Shall mean Institute of Transportation Engineers.
Shall mean any scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with the dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk may include, for purposes of illustration, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, plaster, household appliances, wood, lumber, brush and building materials.
Shall mean any area, lot, parcel, building or structure used for the storage, sale, processing, or abandonment of junk.
Shall mean the earth, water, and air above, below, or on the surface, including any improvements or structures customarily regarded as the land.
Shall mean the following:
The manufacture, compounding, assembly or treatment of articles of merchandise from the following previously prepared materials: bones, cellophane, canvas, cork, cloth, rope, cord, twine, plastics, natural and synthetic rubber, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plaster, metals, precious or semi-precious stone, shell, tobacco, textile, wood and yarns.
The manufacture, compounding, processing, packaging or treatment of such products as candy, drugs, pharmaceutical and food products.
The manufacture of ceramic products, using only previously pulverized clay.
Manufacture of musical instruments, toys, novelties, and metal stamping.
Manufacture and assembly of electrical or electronic devices, home, commercial and industrial appliances and instruments, including the manufacture of accessory parts or assemblies.
Shall mean the upward emitting of stray light which may illuminate clouds, dust and other airborne matters and may obscure the night sky.
Shall mean any artificial light greater than 0.10 foot candles falling outside the boundaries of the property upon which the outdoor lighting unit is installed. Light trespass occurs when neighbors of an illuminated space are affected by the lighting systems inability to contain its light within the area intended.
Shall mean a space designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
See Loading, off-street.
See Boarding house.
Shall mean a parcel of land occupied or intended for occupancy by one principal use permitted in this chapter, including one principal building and its accessory buildings or as otherwise provided in this chapter, and having its principal frontage upon a dedicated street. The boundaries of the lot shall be determined by its lot lines.
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Shall mean the total area within the lot lines exclusive of any area within an abutting street right-of-way and exclusive of any area within any proposed street right-of-way as shown on the Master Plan, subdivision map or official map of the State, County or Township.
Shall mean a technique whereby one or more lots in a subdivision are reduced from the conventional minimum sizes and one or more lots are oversized, but the overall average lot size is not less than the minimum lot size permitted in the zone for conventional development. In no case are lots permitted which are below the minimum standard for the lot averaging technique. The purpose of lot averaging is to produce a more logical development pattern which preserves environmentally critical land, environmentally sensitive land, preserves historic structures, or accomplishes other public purposes.
Shall mean a lot abutting two or more streets at their intersection or abutting two parts of the same street forming an interior angle of less than 135 degrees.
Shall mean a measure of intensity of land use that represents the portion of a site that is impervious. This portion includes but is not limited to all areas covered by buildings, accessory structures, parking structures, driveways, roads, sidewalks, and any area of concrete or asphalt. Also including patio covers, storage sheds, trash dumpster enclosures etc. and architectural features e.g. (chimneys, balconies, decks, porches, stairs, etc.).
Shall mean the horizontal distance between the front and rear lot lines measured along the median between the two side lot lines. On corner lots, the depth shall be measured from the street or portion of the street upon which the lot has the least frontage.
Shall mean a parcel or plot of land abutting a public street, complying with the minimum requirements of N.J.S.A. 40:55D-35, whose width at the street line and/or at the building setback line is less than that required by the zone district in which it is located and whose principal portion shall be to the rear of a conforming lot. Such lots are not permitted in the Township.
Shall mean the uninterrupted linear or curvilinear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line. The measurement of lot frontage shall not include irregularities in the street line and, in the case of a corner lot, shall extend to the point of intersection of the side line right-of-way. If a lot has frontage on more than one street, the minimum lot frontage requirements shall apply to each street on which the lot has frontage.
Shall mean the recorded boundary of a lot.
Shall mean that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the applicant.
Shall mean a lot line which is opposite and most distant from the front lot line, and in the case of an irregular or triangle-shaped lot, a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line.
Shall mean any lot line other than a front or rear lot line.
 |
Shall mean the horizontal distance between the side lot lines measured along the required building setback line. On corner lots, the width shall be measured between the side lot line and the side street at a setback from the street upon which lot has the least frontage.
Shall mean income of 50% or less of the median gross household income for households of the same size within the housing region in which the household is located, based upon the U.S. Department of Housing and Urban Development's (HUD) Section 8 Income Limits (uncapped) averaged across counties for the housing region of the appropriate agency charged with the responsibility of implementing affordable housing in the State of New Jersey.
Shall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
Shall mean a recorded legal agreement setting forth the maintenance obligations of the various parties to the agreement.
Shall mean any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Shall mean any site plan not classified as a minor site plan.
[Ord. No. 2018-02]
Shall mean subdivisions not classified as minor subdivisions.
See Retail sales establishment.
Shall mean housing not restricted to low- and moderate-income households that may sell at any price determined by a willing seller and a willing buyer.
Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
Shall mean the maximum percentage of a lot which is permitted to be disturbed by development activities such as grading, removal of existing vegetation, paving, building, landscaping and excavation of subsurface waste disposal and other facilities, but shall not include disturbance related to agricultural activities.
See Office, medical.
Shall mean a development plan of a single lot which does not involve any planned development or new street or extension of any off tract improvements, and is within the scope of development specifically permitted by this chapter as a minor site plan as follows:
A change in use involving no building construction other than interior modification or interior structural alteration and no additional off street parking;
Minor exterior structural changes to a non-residential building such as entry enclosures and other structural appurtenances including roof appurtenances;
Alterations to the existing facade of existing non-residential buildings not involving expansions of the square footage of the existing buildings;
Additions to existing non-residential structures between 500 and 2,000 square feet in size;
Removal of vegetation or disturbance of soil in an area between 500 and 4,999 square feet; or
Addition or alteration of parking facilities requiring the addition of between two and five more parking spaces.
[Ord. No. 2018-02]
Shall mean the division of a parcel of land meeting one or more of the following conditions:
The division of a parcel of land for the purpose of enlarging an adjoining parcel wherein the remaining parcel is not in conflict with the Zoning Ordinance nor is its future use or development adversely affected.
The division of a parcel of land into not more than two lots in any five-year period plus the remainder of the parcel being subdivided wherein all such lots or parcels meet all of the following requirements:
Said lots are not in conflict with the Zoning Ordinance, Master Plan or official map.
All lots front on an existing street that provides direct access to the lot as defined in this chapter and which is of the width shown on the Master Plan and which is improved to meet all requirements of N.J.S.A. 40:55D-35 so that a building permit could be issued to construct a building on each lot. Each lot shall be served by a residential driveway (in accordance with Lafayette General Ordinances Subsection 9-5.1 et seq.) that provides direct access from an existing street to the lot.
No new streets or roads are involved.
The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
The creation of the lots will not produce a drainage problem or result in the necessity for drainage improvements or any other types of off-site improvement.
The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land.
Notwithstanding the foregoing, not more than two lots and a remainder shall be created by minor subdivision if complete development of the remaining lot or parcel, as permitted by the Zoning Ordinance, would require a new road or roads. Subsequent subdivision of the remaining lot or parcel shall be accepted only as a major subdivision.
The lot to be subdivided is not part of a lot that has previously been created by virtue of a subdivision within five years of the date of the application.
See Plat, final.
Shall mean low- and moderate-income housing apartments located in the same structure with a commercial use as permitted under Lafayette General Ordinances Subsection 13-11.2.
Shall mean the Municipal Land Use Law as found at N.J.S.A. 40:55D-1 et seq.
Shall mean a transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings.
Shall mean any parcel of land or portion thereof which is used or offered for use as a location for one or more mobile homes.
Shall mean more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the household is located, based upon the U.S. Department of Housing and Urban Development's (HUD's) Section 8 Income Limits (uncapped) averaged across counties for the appropriate agency charged with the responsibility of implementing affordable housing in the State of New Jersey housing regions.
Shall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located.
Shall mean a building or series of buildings in which lodging is offered for compensation and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each lodging unit.
Shall mean any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys or other public ways.
Shall mean the entire lot on which there is a land area, building or other premises used for the retail dispensing or sales of motor fuels.
Shall mean the entire lot on which there is a land area, building or other premises used for the servicing and repair of motor vehicles.
Shall mean components and processes present or produced by nature, including soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
Shall mean the elevation of the ground surface in its natural state, before man-made alterations.
Shall mean materials found to exist naturally and/or have undergone minor modification, reduction or alloying by man; which can be reused (recycled) or are biodegradable. Such materials would include wood, stone, brick, rapid oxidizing metals such as iron, recyclable metals and minerals such as copper and glass and some alloys such as tin, bronze and brass. Plastics, polyvinyl chlorides, special polymers, aluminum, chromium, special steels and other exotic man-made or highly refined materials are specifically and generally excluded.
See Sky glow.
Shall mean a mathematical model used to estimate the average area required per disposal system to generate enough groundwater recharge to dilute the nitrate in the systems effluent to acceptable levels.
Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
Shall include but not be limited to a not-for-profit organization, corporation, community fund or foundation organized and operated exclusively for religious, cultural, charitable, scientific, recreational, literary, agricultural or educational purposes.
Shall mean an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights; including the actual or potential emanation of any physical characteristics, 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:
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibration.
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 street frontage by parking.
Noise.
Accumulation of trash, refuse, litter or garbage.
Graffiti.
Shall mean any land used to raise trees, shrubs, flowers, and other plants for sale or transplanting.
See Pre-school.
See Rest home and convalescent homes.
Shall mean a room or group of rooms used for conducting the affairs of a business, professional service, service establishment, or government.
Shall mean a building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop or newspaper stand.
Shall mean an office for such activities as real estate agencies, insurance agencies, travel agencies, credit bureaus (but not financial institutions), abstract and title agencies or insurance companies, stockbrokers and the like. It is a characteristic of a business office that retail or wholesale goods are not stored, shown to or sold to a customer. Barber shops, tanning salons, spas or beauty salons are not business offices.
Shall mean an office used exclusively by physicians, dentists, therapists, chiropractors and similar personnel for treatment and examination solely on an out-patient basis.
Shall mean a map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed to be conclusive with respect to the location and width of the street, public parks and playgrounds, and drainage right-of-way shown thereon.
See Sign, off-premises.
Shall mean located outside the lot lines of the lot in question, but within the property of which the lot is a part, which is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.
See Improvements, off-site.
Shall mean not located on a property which is the subject of a development application or on the closest half of the abutting street or right-of-way.
Shall mean located on the lot in question and excluding any abutting street or right-of-way.
Shall mean located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the lands.
Shall mean an area created for recreational purposes such as playgrounds, tennis courts, outdoor swimming pools, ball fields and picnic areas.
Shall mean a designated area on the premises of a restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages.
Shall mean any individual, firm, association, syndicate, copartnership, corporation or other legal entity having sufficient proprietary interest in the land to commence and maintain proceedings under this chapter.
Shall mean a pre-manufactured on-site waste treatment facility designed to handle the specific needs of a specialized, small, or remotely located waste generator.
Shall mean the extension of the main walls of a building above the roof level often used to shield mechanical equipment and vents.
See Lot.
Shall mean an off-street facility including parking spaces and aisles for maneuvering developed in a way to accommodate the parking of motor vehicles.
Shall mean an off-street space for the parking of one motor vehicle exclusive of maneuvering areas.
Shall mean a parking space for the physically handicapped which shall be compliant with the existing standards of the Americans with Disabilities Act and the New Jersey Barrier Free Subcode.
Shall mean a structure or portion thereof composed of one or more levels or floors used exclusively for the parking of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
Shall mean a right-of-way or easement dedicated for public pedestrian access.
Shall mean any security which may be accepted by the Township as a guarantee that improvements required as part of an application for development are satisfactorily completed.
Shall mean a written document issued by the appropriate municipal authority empowering the permitted party or entity to perform some act not allowable without such authority.
Shall mean services primarily involving the care of a person or his/her personal goods or apparel such as, but not limited to, laundry, dry cleaning, beauty and barber shops, shoe repair, funeral services, salons, spas, health clubs, and domestic services excluding professional services.
Shall mean vegetation that is to be planted on a site in accordance with an approved landscape plan.
Shall mean (1) A map representing a parcel of land, showing the boundaries and location of individual properties and streets. (2) A map of a subdivision or a site plan.
Shall mean the final map of all or a portion of a subdivision or site plan that is presented to the proper review authority for final approval.
Shall mean a proposed plat, including supporting data, indicating a proposed subdivision design or site plan, prepared by an authorized person under N.J. State Statute in accordance with the ordinances and regulations of the Township of Lafayette and the statutes and regulations of New Jersey.
See Lot.
Shall mean an open sided structure attached to a building and sheltering an entrance or serving as a semi-enclosed space.
Shall mean land and the improvements thereon.
Shall mean a facility designed to provide day-time care and or instruction for five or more children from two to five years of age inclusive, and operated on a regular basis and meeting minimum State requirements.
See Structure, principal.
See Use, principal.
See Home occupation.
Shall mean a business that offers any type of service such as, but not limited to, services which may be lawfully rendered by certified public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, architects, veterinarians, attorneys-at-law, physical or occupational therapists and insurance agents and all other professionals licensed, registered, certified or otherwise authorized to practice independently by New Jersey Law.
See Premises.
Shall mean:
See Public facilities.
Shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point source pollution.
Shall mean any facility, including but not limited to buildings, property, recreation areas, and roads, which are owned, leased or otherwise operated or funded by a governmental body or public entity.
Shall mean an open space conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservation uses.
See Institutional use.
Shall mean any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
Shall mean a building or structure used or intended to be used by any public utility, including but not limited to any gas treatment plant, reservoir, tank or other storage facility, water treatment plant, well, reservoir, tank, or other storage facility; electric generating plant, distribution, or transmission substation; telephone switching or other communications plant, earth station, or other receiving or transmission facility; any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility.
Shall mean telephone or telegraph systems, plant or equipment; electric power plants, substations or equipment; 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.
Shall mean any street, alley, pedestrian walkway, pathway, channel, viaduct, bridge, easement, right-of-way, or other way in which the public has a right of use.
Shall mean a portable structure, or a wheel-based structure built on a chassis, which is self-propelled or designed to be transported by traction or carried on a self-propelled vehicle, and which is designed and intended to be used as a temporary dwelling for travel, recreation or vacation purposes. The term "recreational vehicle" shall include the following:
TRAVEL TRAILERA wheel-based vehicle built on a chassis designed to be hauled by traction which has a body width not exceeding eight feet and a body length not exceeding 24 feet.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and for use as a temporary dwelling for travel, recreational, and vacation uses.
MOTORIZED HOMEA temporary dwelling designed and constructed as an integral part of a self-propelled vehicle. (See also Trailer.)
TENT CAMPERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
Shall mean the removal and replacement, rehabilitation or adaptive reuse of an existing structure or structures, or of land from which previous improvements have been removed and which may include construction of residential, commercial, industrial, public, or other uses as well as provisions for streets, parks, open space and other public facilities.
Shall mean a system that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
[Ord. No. 2015-17 § 1]
Shall mean an establishment where food and beverages are prepared primarily for table service. No food shall be served at a drive-through window.
Shall mean restaurants where customers order and are served their food at a counter in packages prepared to leave the premises or to be taken to a table for consumption. No food shall be served from a drive-through window.
Shall mean a home for the aged or infirm in which three or more persons not of the immediate family are received, kept, or provided food and shelter for compensation; but not including hospitals. The home must have all necessary licenses and approvals from the State and have no greater than semi-private room occupancy.
Shall mean (a) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or (b) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
Shall mean establishments engaged in selling goods in small quantities to the ultimate consumer or customer.
Shall mean a use devoted exclusively to the retail sale of goods. The total enclosed area for such a use shall not exceed 4,000 square feet.
Shall mean establishments providing services or entertainment, as opposed to the sale of products, to the general public for personal or household use, including restaurants, fast food, hotels and motels, financial institutions, real estate and insurance offices, personal services, theaters, amusement and recreation services, health, education and social services, museum and galleries.
Shall mean a retail establishment with up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared food such as sandwiches and salads for off-premises consumption.
Shall mean the line of maximum elevation that connects the crests along the range of hills within the Ridgeline and Hillside Viewshed Protection Area, as indicated on the current Lafayette Township Zoning Map. For the purpose of this section, the ridgeline is also defined as a line along a hillside, which when viewed from any public way or public areas or public open space appears to be the highest elevation of the hill or chain or line of hills above 640 feet elevation and represents a line marking or following that ridge top as it appears when viewed from these public areas.
Shall mean the area within the Ridgeline and Hillside Viewshed Protection Overlay Zone located between elevation 640 feet and the Ridgeline, or between elevation 640 feet and an edge of the side of a hill or hilltop plateau, where there is one, or between elevation 640 feet and that point of the hill chain or line of hills which appears to be the highest elevation when viewed from the public way and/or public areas or public open space. The ridgeline and hillside viewshed protection area shall also include all lands within 100 feet of the mapped ridgeline and hillside viewshed protection area.
Shall mean a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, or other similar uses.
Shall mean a temporary structure not permanently affixed to the ground and is readily removable in its entirety. No roadside stand will be more than 300 square feet in ground area and there shall not be more than one roadside stand on any one premises.
Shall mean a portion of a public road right-of-way on which travel is conducted.
See Habitable room.
See Boarder.
See Boarding house.
Shall mean any building or part thereof that is designed, constructed or used for nonprofit educational instruction in any branch of knowledge, but not a child care center.
Shall mean any store selling previously used merchandise such as clothing, household furnishings or appliances and sports or recreational equipment but does not include antique shops.
Shall mean a building or group of buildings containing separate, individual and private storage spaces of varying sizes available for lease or rent for varying periods of time with no outdoor storage.
Shall mean a room designed for and occupied by no more than two persons in a rest home or convalescent home.
Shall mean a subsurface wastewater system consisting of a settling tank and a subsurface disposal field and subject to the requirements of N.J.A.C. 7:9A.
Shall mean any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals, business, industry, government, and other enterprises.
See Motor vehicle service station.
See Building line.
Shall mean a joint utilization of a parking area for more than one use in a zone or district in which more than one use per lot is permitted.
Shall mean a group of permitted retail sales and permitted retail service establishments, planned, constructed and managed as a total entity, with (a) customer and employee parking provided on site, (b) provision for goods delivery separated from customer access, (c) aesthetic considerations, (d) landscaping and signage in accordance with an approved plan, and (e) safe pedestrian walkways.
Shall mean the distance of clear sight required in the alignment of streets, roads and driveways.
Shall mean an area of land at the intersection of streets, or street and a driveway, within which nothing may be erected, planted, placed, or allowed to grow in a manner which will obstruct the vision of a motorist entering or leaving the intersection or driveway.
Shall mean any device (including but not limited to letters, words, numerals, figures, emblems, pictures, or any part or combination thereof) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. The term "sign" shall include flags or sign banners used for promotional purposes.
Shall mean a sign typically mounted on an A-frame with copy on both sides, directing attention to products sold or services supplied.
Shall mean a sign illuminated with an internal source of light that shines through a translucent surface.
Shall mean a sign of lightweight fabric or similar nonrigid material that is mounted with no enclosing framework.
Shall mean any sign not affixed to a building and that is not a portable sign.
Shall mean the vertical distance measured from the lowest adjacent grade to the highest point of the sign or sign structure.
Shall mean digital signage that uses Light Emitting Diode (LED) screens as the digital display where content is displayed as an image.
Shall mean a freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is designed to conform to the applicable design standards.
Shall mean any sign that uses neon, argon, or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon, or similar gas lighting which is readily visible from the outside of a building.
Shall mean a sign advertising a use, facility, service, or product that is not located, sold, or manufactured on the same premises as the sign.
Shall mean a freestanding sign that is fixed, attached or erected on a pole that is not itself an integral part of, or attached to, a building or structure.
Shall mean a temporary sign presenting information expressing support for or opposition to a candidate or candidates for public office, a political party, or ballot measure, presenting an issue to be voted upon, or pertaining to protected speech or an upcoming election.
Shall mean a sign other than a wall sign that is attached to or projects more than eight inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
Shall mean a sign erected, constructed, maintained, and/or mounted on or over the roof of any building, principally supported by the roof of the building.
Shall mean a temporary sign acknowledging that a business was the recipient of a formal award or noteworthy achievement.
[Ord. No. 2017-14 § 1]
Shall mean the supports, uprights, bracing, or framework of any structure exhibiting a sign, be it single-faced, double-faced, or V-type or otherwise.
Shall mean a sign that is temporary in nature, is not permanently attached to the ground or a structure or other sign surface, and is used for special events such as, but not limited to, grand openings, seasonal sales, liquidations, going out of business sales, and promotions.
Shall mean a sign that is any manner affixed to any exterior wall of a building or structure and that projects no more than eight inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
Shall mean a sign that is applied to or attached to the exterior or interior of a window or placed within three feet of an exterior window, but excludes merchandise in a window display.
Shall mean a tall cylindrical structure utilized for storage, related to agricultural uses only.
Shall mean the development and/or maintenance of a forest or wooded preserve.
Shall mean ownership by one person or ownership by two or more persons jointly as joint tenants, as tenants by the entirety or as tenants in common of a separate lot not adjacent to land in the same ownership.
Shall mean a development plan of one or more lots on which is shown: (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the County Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
Shall mean a wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code Act, N.J.S.A. 52:27D-119, et seq. and technical bulletins issued pursuant to N.J.S.A. 40:55D-66.13, and which will be used primarily for on-site consumption.
[Ord. No. 2015-17 § 1]
Shall mean the brightening of the night sky attributable to man-made sources of light resulting in light pollution that reduces the ability to view the nighttime sky, interferes with the viewing of astrological events and causes an adverse impact on wildlife and nocturnal ecosystems.
A solar energy system, whose solar production is shared by off-site members of the system and who currently obtain their electricity from the utility in which the community solar system is located, as intended by N.J.S.A. 48:3-87.11 and the NJ Community Solar Energy Pilot Program, N.J.A.C. 14:8-9.1 et seq., either roof- or ground-mounted, which occupies a maximum area of one acre, and which system shall be no larger than 50kW in size, and shall be permitted as an accessory use on the same lot as a principal use or as a principal use in all districts, subject to the requirements of this chapter.
[Added 7-2-2019 by Ord. No. 2019-09]
Shall mean all unconsolidated mineral and organic material of any origin.
Shall mean radiant energy (direct, diffuse, and reflected) received from the sun.
[Ord. No. 2015-17 § 1]
Shall mean any system or device which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels or collectors. It shall include panels, generators and all associated equipment, including any base, foundation, structural support, wire(s), batteries or other components necessary to fully utilize the solar energy.
[Ord. No. 2015-17 § 1]
Shall mean one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy, heat water, or produce hot air or perform any other similar function by way of a solar energy system.
[Ord. No. 2015-17 § 1]
Shall mean a combination of solar panels, including those which are ground and/or roof mounted.
[Ord. No. 2015-17 § 1]
Shall mean the needs of people with physical or mental disabilities.
Shall mean a retail store specializing in a specific range of merchandise and related items and catering to a specific market.
See Floor area.
See Roadside stand.
See Retail sales establishment.
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
Shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
Shall mean any story having its finished floor surface entirely above grade plane, except that a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement meets any one of the following:
Shall mean a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space the possible floor area with a head room of five feet or less occupies at least 40% of the total area of the story directly beneath.
Shall mean the vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, County or municipal roadway, or (b) which is shown upon a plat heretofore approved pursuant to law, or (c) which is approved by official action as provided in the Lafayette Township Code, or (d) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may compromise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
Shall mean the dividing line between the street and the lot. The street line shall be the same as the legal right-of-way.
Shall mean trees planted along any public and/or private street.
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.
Shall mean a structure in which is conducted the principal use of the lot on which it is located.
Shall mean any individual, firm, partnership, association, corporation, estate, trust, or any other group or combination, acting as a unit, dividing or proposing to divide land so as to constitute a subdivision, as defined herein and including any agent of the subdivider.
Shall mean the division of a lot or parcel of land into two or more lots, parcels or other subdivisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this Act if no new streets are created:
Divisions of land found by the Land Use Board or subdivision committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument; and
The conveyance of one or more adjoining lots or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the Municipal Development Regulations and are shown and designated as separate lots or parcels on the Tax Map of the municipality.
The term "subdivision" shall also include the term resubdivision. |
See Plat, final or Plat, preliminary.
See Septic system.
Shall mean permanent housing for homeless persons or person at risk of homelessness who may be men, women, youth or families who earn less than 20% of median income as determined by the sponsoring agency and have chronic mental and/or physical illnesses that require linked support services.
Shall mean water at or above the land's surface which is neither groundwater nor contained within the unsaturated zone, including, but not limited to, the ocean and its tributaries, all springs, streams, rivers, lakes, ponds, wetlands, and artificial water bodies.
Shall mean a low lying or depressed land area, which can function as an intermittent drainage way.
Shall mean the height above grade of the renewable energy system.
[Ord. No. 2015-17 § 1]
Shall mean a committee consisting of one or more persons organized to review applications for development.
Shall mean a large rectangular block made from cast concrete, such as Portland cement and aggregate, usually sand and fine gravel in the case of blocks.
Shall mean concrete slabs created by assembling forms and pouring large slabs of concrete directly on site. The panels are raised into position around the building's perimeter forming the exterior walls.
Shall mean a motor vehicle specifically designed or equipped to haul or pull any wheeled vehicle licensed to go upon public roads or highways.
Shall mean a wheel-based vehicle that is designed to be transported by traction.
See Mobile home park.
Shall mean a premises which is used for the temporary parking of motor freight or cargo vehicles between trips and for the transfer of freight or cargo between trucks or between trucks and rail facilities for shipment elsewhere and where the storage of freight or cargo is only temporary, and which also may contain facilities for dispensing motor fuels.
Shall mean land that does not include environmentally sensitive areas or environmentally critical areas.
Shall mean the specific purpose for which land or building is designed, arranged, intended, or for which it is or may be occupied or maintained. If a use is not provided for in the Zoning Ordinance, it is prohibited.
Shall mean a use naturally and normally incident and subordinate to the principal use of the structure or lot and located on the same lot as the principal use to which it relates.
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Land Use Board.
Shall mean the primary use of the premises of which there can only be one.
Shall mean permission to depart from the actual or literal requirements of this chapter as provided for in the Municipal Land Use Law (N.J.S.A. 40:55D §§ 40, 60 and 70).
Shall mean a straight line measuring the line of sight between any public view, public road, public area, and or the public way and the ridgeline and hillside viewshed protection area.
Shall mean permission to depart from the requirements of an ordinance with respect to the submission of required documents.
Shall mean a building used for the storage of goods, materials or merchandise for later or subsequent distribution or delivery elsewhere for purposes of processing or sale.
Shall mean the physical infrastructure on an individual lot, including but not limited to a domestic well, pumps, and water lines, that is operated and maintained to deliver water to any structure or for any use upon the lot, subject to the approval of health and sanitation offices having jurisdiction.
Shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adopted for life in saturated soil conditions, commonly known as hydrophytic vegetation as classified pursuant to N.J.D.E.P regulation.
Shall mean an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial commercial, institutional, or professional business users, or other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Shall mean animals or plants existing in their natural habitats.
Shall mean retaining walls located adjacent to the foundation of a building, either as an independent wall or an integral component of the foundation wall.
Shall mean an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the rear yard, the minimum horizontal distance between the lot line and any buildings shall be used.
FRONT YARDA yard, unoccupied, except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street line and the nearest part of the principal structure on the lot. On corner lots, a front yard shall abut each of the street frontages.
SIDE YARDA yard, unoccupied, except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
REAR YARDA yard, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot. If there is no rear lot line, as in the case of a triangular shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming provided there can be drawn entirely within the property a rectangle formed by the rear line of the existing or proposed principal building, the extension of the sidelines of the principal building toward the rear of the principal building and a line connecting said extended building side lines, which rectangle shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard. In no event shall the principal building be located closer to the property line at any point other than the minimum side yard requirement.
Shall mean a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of the use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 70.