New Providence City Zoning Code
ARTICLE II
Terminology
§ 310-5 Word usage.
Unless the context clearly indicates a different meaning, the following definitions shall be used in the interpretation and construction of this chapter: words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used;" the word "shall" is mandatory and not discretionary; and the word "may" indicates a permissive action.
§ 310-6 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
Abandonment of a nonconforming use requires a discontinuance of the use of a property and an intent to abandon the property.
A use or structure subordinate to the principal use or structure on the same lot and serving a purpose customarily incidental to the use of the principal building or premises. When an accessory structure is attached to a principal building, it shall be considered part of the principal building. Accessory structures in all residential zones shall include, but not necessarily be limited to, garages (detached), garden sheds, and pool cabanas, but shall not include fences.
The Borough Clerk or such person designated by the Borough Council.
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of household is a minimum of 62 years, or 55 and meets the provisions of the 42 U.S.C. § 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.
Any person who can show written proof that he or she has authority to act for the property owner.
See "structural alteration."
An establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists, or other medical personnel, psychologists, or social workers and where such examination and treatment generally require a stay of less than 24 hours. Medical offices for employees that are incidental to the primary use of the facility as an ambulatory health care facility are permitted.
A developer applying for development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit for relief from restrictions on the location of buildings as specified in this chapter and Chapter 305, Subdivision of Land and Site Plan Review.
A structure or complex of structures for the visual and or performing arts, inclusive of theaters, used to show motion pictures or for drama, dance, musical, or other live performances.
The part of a building that is immediately below and within the roof framing, not suitable for habitation. For habitable upper floor, see definition of "story, half."
A building or place of business where mechanical repair of motor vehicles, not including auto body repair or metal refinishing, is performed.
A building or place of business where gasoline, oil and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to the motor vehicle trade at retail, and where minor repair service may be performed, but excluding body work, painting, and major overhaul.
That portion of a building which is partly or completely below grade that may be considered a living space. A basement with more than 50% of its volume at or below grade is not considered a story for the purposes of building height. See definition of "story."
The Board of Adjustment and/or the Planning Board of the Borough of New Providence, as applicable.
The Zoning Board of Adjustment of the Borough of New Providence.
An establishment licensed per the requirements of N.J.S.A. 33:1-10 as a limited brewery primarily engaged in the production and distribution of beer, ale, or other malt beverage, which may include such accessory uses as tours, retail sales, and on-site consumption, i.e., "tasting room."
An establishment licensed per the requirements of N.J.S.A. 33:1-10 as a restricted brewery primarily engaged in the production and distribution of beer, ale, or other malt beverages and which is operated in conjunction with a restaurant.
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
See "construction permit."
The ratio of the horizontal area measured from the exterior walls of the ground floor of the principal building on a lot to the total lot area. The calculation shall include roof overhangs that project two feet or greater from the structure. In one- and two-family residential structures, porches, decks, and similar appurtenances without a roof are excluded.
The vertical distance measured from grade to:
The deckline in the case of mansard roofs (which may not extend above the deckline more than 10% of the building height) with no other structures thereon except chimneys; or
To the mean level of the slope of the roof in the case of gabled, hip, and gambrel roofs with no other structures thereon except chimneys; or
The top of any and all other types of roof surfaces, including flat roofs, or any structure on the roof, including but not limited to elevators, escalator penthouses, cooling towers, or structure to house mechanical or other equipment.
Unless otherwise provided in this chapter, the maximum height of a building or structure will be 35 feet.
Notwithstanding the above, any fill material placed within 10 feet of the perimeter of the foundation walls that increases the outside finished ground elevation shall not be considered when computing the building height.
See "yard, side" for additional information regarding the calculation of side yard setbacks as they relate to building height.
A structure which contains the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
A governmental acquisition of real property or a major construction project.
The portion of a building with more than 50% of its volume below grade that has a ceiling height of less than 6 1/2 feet, and which may not be considered a living space.
A certificate signed by the Construction Official provided for in N.J.S.A. 52:27D-133 indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the State of New Jersey Uniform Construction Code and any other ordinance implementing said code.[1]
An establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.). This term shall include but not be limited to day-care centers, drop-in centers, nursery and play schools, child centers, and day cares.
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 transshipment points.
[2]See "vehicle, commercial."
See "open space, common."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 persons with developmental disabilities or with mental illnesses, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
In the case of such a community residence housing persons with mental illness, the residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to procedures as shall be established by regulation of the Division of Mental Health and Addiction Services in the Department of Human Services.
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
See "plan, concept."
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization by the approving authority.
The person responsible for the issuance of construction permits and certificates of occupancy.
A document signed by the Construction Official or other designated authority required precedent to the commencement of the erection, construction, reconstruction, alteration, conversion or installation of a structure or building that states that the proposal is in conformance with the State of New Jersey Uniform Construction Code.
A development of residential living units for residents who are 62 years of age or older, or for couples, one of whom is at least 62 years of age, that provides "continuing care" as defined in N.J.S.A. 52:27D-332.c.
Any use necessary for the operation of the CCRC facility or for the benefit or convenience of the residents, employees, and their guests, such as, but not limited to, kitchen and dining facilities, places of worship, indoor and outdoor recreational buildings and uses, retail and banking facilities, beauty salons and barber shops, gift shops, classrooms, security facilities, conference rooms, common areas, guest rooms, administrative offices, health and wellness center, medical offices, postal center, pharmacy, maintenance facilities, craft and music rooms, library and television room, and non-age restricted day-care center for relatives of employees.
See "lot, corner."
The Borough Council of the Borough of New Providence.
Any open, unoccupied area which is bounded by three or more attached building walls.
A facility used to house computer systems and associated components, such as telecommunications and storage systems, and is typically unstaffed with the exception of occasional maintenance. It generally includes redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and security devices.
Calendar days.
A platform, whether freestanding or attached to a building, extending over and above the ground and supported by posts, columns or footings extending to the ground. Such "deck" shall not extend into any required yard, except where a specific deck setback is provided pursuant to Schedule II.[3]
The number of dwelling units per gross area of land to be developed.
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 an enforceable proprietary interest in such land.
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 other structure or of 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 for which permission may be required, without limiting the foregoing.
See Ch. 305, Subdivision of Land and Site Plan Review, and N.J.S.A. 40:55D-1 et seq., respectively.
A person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).
A facility for the manufacture, on-site storage, retail sale, and sampling of distilled alcoholic beverages, licensed per the requirements at N.J.S.A. 33:1-10.3d, and operating per the terms set forth in that act, which prohibit the sale of food on premise.
Any portion of the territory of the Borough within which certain uniform requirements apply under the provisions of this chapter.
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 nonpoint 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.
An establishment that dispenses products or services to patrons who remain in their vehicles.
Any building or portion thereof designed or used exclusively for human habitation.
One or more rooms, including cooking facilities and sanitary facilities, in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
A building containing three or more dwelling units where each unit is joined to other dwelling units above, adjacent, and/or below, but not including a hotel, rooming house, dormitory, fraternity or sorority house or similar structure. Multifamily dwellings are also commonly referred to as "apartment buildings."
A single-family dwelling in a row of two 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. Lot ownership is divided by dwelling unit. See the figure below.
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A detached building (i.e., not connected to another structure), designed for or occupied exclusively by one family and containing not more than one dwelling unit. Commonly referred to in this chapter as "single-family dwelling."
A building designed for or occupied exclusively by one family and attached to other similar buildings or structures by party walls extending from the foundation to the roof and providing two direct means of access from the outside.
A building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar/basement, and which shall be located on a common lot or parcel of land.
Establishments serving food or drink for immediate consumption on the premises, including restaurants, lunch counters, cafes, coffee shops, refreshment stands, ice cream parlors, juice bars, and luncheonettes, but excluding drive-through restaurants.
See "institutional and public uses."
Any building or part thereof which is designed, constructed or used for education of students that is not part of a licensed State of New Jersey facility, or under the jurisdiction of the New Providence Board of Education. Such establishment is intended to provide groups of five or more individuals with instruction or learning in matters including but not limited to art, business, computer training, dance, driving school, vocational or technical training, language, SAT tutors, sports, self-defense, recreation, or other skills or subjects, but not offering the full curriculum of academic instruction provided by a high school, college, or university.
Any structure that protrudes into a required setback.
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, telephone, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
An artificially constructed barrier of wood, metal, wire, concrete, or other similar material or combination of material, erected to enclose, screen, or separate an area. Fences do not include building walls, hedges, shrubs, or other natural growth.
The official action of the Planning Board or Board of Adjustment 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 guaranties properly posted for the completion or approval conditioned upon the posting of such guaranties.
See "plat, final."
Any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions. A financial institution can be with or without a drive-through, pursuant to the standards of this chapter.
The sum of the area of all floors of buildings or structures compared to the total area of the site. The ratio between the gross floor area of all structures on a lot and the total area of the lot.
The total floor area of a building computed by measuring the horizontal dimensions of the outside walls of all enclosed portions of the building, including halls, enclosed porches, and garages but not including attic or basement.
Particles of gas-borne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
A structure or portion of a structure used or designed to be used for the parking and storage of motor vehicles.
Same as "automobile service station."
A reference plane representing the average of ground levels/elevations in a given area. In the case of grade adjoining a structure at exterior walls, the reference plane shall be established by:
The lowest points within the area between the structure and the property line as determined by perpendicular offset from the structure wall;
Where the property line is more than 10 feet perpendicular from the structure, then the lowest points between the structure and within 10 feet; or
Where a public road exists within 50 feet of the structure, the lowest points will include the pavement level of the public road.
Ground levels are to be averaged at no more than ten-foot intervals, exclude intermittent variations and include all building corners, or a perpendicular distance therefrom.
Topographical site information shall be submitted with all construction plans. Property owners making modifications, alterations, or additions to existing structures may request a waiver of the requirement to provide topographical information, subject to a review by the Zoning Officer.
Practices that consider the impacts of buildings on the local, regional, and global environment; energy and water efficiency; reduction of operation and maintenance costs; minimization of construction waste; and eliminating the use of harmful building materials.
See "floor area, gross."
A facility for social rehabilitation, substance abuse or mental health problems that contains a group housing arrangement that provides custodial care but does not provide medical care. For the purpose of zoning, group homes are considered one/two-family homes and are exempt from site plan approval.
An establishment where health care services such as blood tests and similar health care tests and services are administered to patients. Medical offices for employees that are incidental to the primary use of the facility as a health care service facility are permitted.
A skilled nursing room substantially similar to a room in a nursing home, where the CCRC provides health care under medical supervision and continuous nursing care for residents who do not require the degree of care and treatment which a hospital provides, and:
See "long term care facility."
Such businesses are consistent with the aim of developing and nurturing start-up, high-technology businesses. The North American Industry Classification System (NAICS) descriptions, or its equivalent, shall be used in determining if a particular use is in keeping with the intent of the regulation. Examples include but are not limited to the research and development of computer software, fuel cells, "green" products, solar cells, semiconductors, optical scanning devices, information technology, digital animation, computer hardware, computer facilities management, and information retrieval services.
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Historic Preservation Element of the Master Plan as being of historical, archaeological, cultural, scenic, or architectural significance.
An office use clearly incidental and secondary to the principal residential use carried on for gain by a permanent resident in a dwelling unit that also constitutes the resident's principal place of business.
A facility offering transient lodging accommodations to the general public and that may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational activities.
A facility offering transient lodging accommodations to the general public that may include the provisions of a "hotel" with the addition of facilities used for conference and seminars. These facilities must be developed as one facility, including convenience commercial uses and restaurants, which are related to the hotel/conference facility.
See "lot coverage."
A self-contained apartment with full kitchen facilities and private bath comprising an independent self-contained dwelling unit:
Nonprofit, public, or quasi-public institutions and uses, such as public and private schools licensed by the State of New Jersey, community centers, libraries and municipally owned or operated buildings, structures or land use for public purposes, not including places of worship.
Any person, whether residing within or without of the Borough of New Providence, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or the Municipal Land Use Law of the State of New Jersey[4] or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter or the Municipal Land Use Law.
A facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agencies, to the medical, dental, or other health service professions, or to patients; this includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices.
Includes improvements and fixtures on, above or below the surface.
A rating system intended to encourage the design, construction, operation, and maintenance of buildings and neighborhoods so as to minimize their consumption of energy and to lessen their impact on the environment.
This use includes manufacturing, fabricating, processing, converting, altering, packaging, bottling or assembling of products, the operations of which are conducted solely within an enclosed building or group of buildings, which are not productive of injurious or offensive noise, fumes, smoke odor, sewage effluent or vibrations nor are detrimental to health, safety, or property.
The area of a dwelling within the exterior walls, but excluding cellars, attics, garages, or porches.
A licensed facility where each unit is configured for those needing long-term care and:
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit and having frontage on a public or private street.
The computed area contained within the lot lines.
The area of a lot occupied by impervious surfaces, including but not limited to principal and accessory buildings and structures, driveways, parking areas, walkways and other man-made improvements on the ground surface.
The mean distance between the front and rear lot lines.
The property lines bounding the lot.
The line separating the lot from a street right-of-way. For corner lots, this is the side of the lot on which the principal entrance will be or is located.
The distance for which a lot or parcel of land abuts the street right-of-way.
The lot line or lines opposite and most distant from the front lot line or the point at which the two side lot lines meet.
Any lot line other than a front or rear lot line. For corner lots, the lot line fronting on a street that is not the front lot line shall be considered "street side lot line."
See "lot line, front."
On a corner lot, the lot line abutting a street which is not considered the front lot line as established herein, shall be considered the street side lot line.
The distance for which a lot or parcel of land abuts the street.
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, forming an interior angle of less than 135°. The point of intersection of the projection of the street lines is the "corner."
See "nonconforming lot."
A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.
Any security, other than cash, which may be accepted by the Borough of New Providence for the maintenance of improvements required by Chapter 305, Subdivision of Land and Site Plan Review, of the Borough of New Providence.
See "subdivision, major."
The Map Filing Law of the State of New Jersey, P.L. 2011, c. 217 (N.J.S.A. 46:26B-1 et seq.).
An accessory use to "spa/day spas" where non-medical massage occurs, and the area where the massage occurs, which shall cover less than 20% of the gross floor area of the principal use. Massage therapy does not include services offered by a physical therapist or other medical professionals.
A composite of one or more written or graphic proposals for the development of the Borough of New Providence as set forth in and adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-28).
A group of persons who have come together on a formal basis, usually with bylaws and membership requirements, with the object of promoting the interests of the group's members.
See "site plan, minor."
See "subdivision, minor."
A building containing more than one type of land use, including but not limited to residential, office, retail, public, or entertainment. When a mixed-use building is permitted within a certain zoning district pursuant to the use standards of this chapter, nonresidential uses permitted within that zoning district shall be considered permitted within the building.
The development of a tract of land or building or structure with two or more different uses such as but not limited to residential, office, retail, public, or entertainment, in a compact form.
See "hotel."
The Planning Board or the Board of Adjustment of the Borough of New Providence.
The Municipal Land Use Law, Chapter 291 of the Laws of 1975, compiled as N.J.S.A. 40:55D-1 et seq., with amendments.
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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.
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, 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.
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 contiguous portion of a street or right-of-way.
Not located on the property which is the subject of a development application nor on a contiguous portion of a street right-of-way.
A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government. Incidental offices that are customarily accessory to another use are allowed as part of an approved principal use.
An arrangement where multiple companies share an office space in order to save costs through the utilization of common facilities, including office space, equipment, utilities, and administrative staff such as a receptionist and/or IT personnel.
Any building consisting of more than 10,000 square feet, in which at least 1/2 are rented or occupied by a single corporation or firm and whose primary business is to serve as a regional or national center for other endeavors of the corporation or firm.
A building or space that allows for a portion of the area to be finished as traditional office space for administrative duties, and a portion retained for uses such as research and development, digital and media arts, information technology, etc. Flex spaces can be easily converted and altered to meet the needs of the individual tenants. Flex spaces could also have a retail component but shall not be utilized for warehousing, distribution, manufacturing, or the like.
See "home office/occupation."
An office authorized through licensure issued by the NJ State Department of Health and the Board of Medical Examiners, including physicians, dentists, and similar personnel for the treatment and examination of patients solely on an outpatient basis, provided that no overnight patients shall be kept on the premise. Medical offices do not include facilities typically associated with hospitals for inpatient care, major surgical procedures, or emergency care.
An office of a member of a recognized profession, maintained for the conduct of their profession. Such professions shall be limited to those of law, architecture, engineering, art, religion, music, accounting, insurance services, real estate brokers, medical, dental, optical, and other professions which require a degree of formal training and experience.
A map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291.[5]
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
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 land.
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
An open space conveyed or otherwise dedicated to or owned by the Borough, Borough agency, Board of Education, state or county agency or other public body for public recreation or conservational uses.
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land proposed for development to commence and maintain proceedings to develop the same.
Joint utilization of parking area for more than one use.
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to Chapter 291, Land Use Procedures, of the Borough of New Providence.
A flat or terraced surface located on the ground, constructed of brick, stone, concrete or other similar materials and intended as an outdoor sitting area. Such "patio" shall not be closer than six feet to any lot line.
Any security, including cash, performance bonds, escrow agreements and other similar collateral or surety agreements, which may be accepted by the Borough.
Establishments primarily engaged in providing services involving the care of a person or their personal goods or apparel. Such services include but are not limited to shoe repair, tailors, dry cleaning, pet grooming, custom printing shops, watch repair, barber and beauty services, including spas/day spas that may include massage therapy as an accessory use as defined herein, but excluding massage as a principal use.
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, including parish houses, covenants, classrooms for religious instruction, rectories, and other customary accessory uses and buildings, but not including parochial schools, day-care centers, homeless shelters, or soup kitchens.
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
The Planning Board of the Borough of New Providence.
A map or maps of a subdivision or site plan.
A final map of a subdivision that satisfies the requirements of Chapter 305, Subdivision of Land and Site Plan Review.
A preliminary map indicating the proposed layout of a subdivision or site plan and meeting the requirements of the subdivision or site plan application.
A sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Chapter 305, Subdivision of Land and Site Plan Review.
A covered platform that leads to the entrance of a building.
A portable and temporary shed or storage container, storage unit, shed-like container or other portable and temporary structure that can or may be used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory structure.
A structure consisting of a roof supported by columns or piers that leads to the entrance of a building.
The conferral of certain rights pursuant to Chapter 305, Subdivision of Land and Site Plan Review, prior to final approval after specific elements of a development plan have been agreed upon by the reviewing board and the applicant.
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
See "plat, preliminary."
See "vehicle, private passenger."
The dividing line between the street and lot or the dividing line between lots. Also referred to as "street lot line" and "lot line."
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 damages, 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 nonpoint pollution.
See "open space, public."
The majority of the full authorized membership of the Planning Board or Board of Adjustment.
Indoor recreational facilities including, but not limited to racquet clubs, fitness centers, sports training centers, tennis courts, badminton courts, party and play facilities, and batting cages shall be permitted uses. Pro shop and education and training facilities for indoor recreational uses shall be permitted in conjunction with the indoor use.
See "vehicle, recreational."
An establishment, including diners and luncheonettes, serving food and liquid refreshment.
An establishment that offers food or drink served to customers within automobiles outside of the confines of the building and where the consumption of such food or drink is intended to occur off the premises. Inside dining is also typically provided.
An establishment which is essentially designed to dispense a limited variety of food and beverages, which are so prepared and packaged in paper or in other types of disposable wrappers and containers in a form for quick or ready consumption inside the building or off the premises and which has tables inside the building for consumption of food and beverages on the premises.
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 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.
A small retail establishment selling a limited line of pre-packaged food products, household items, newspapers and magazines, candy, beverages, and a limited amount of freshly prepared food such as sandwiches and salads for off-premises consumption.
A building or structure which houses a business selling goods, merchandise, or commodities directly to the public. Retail sales shall not include automobile service stations, car sales, or wholesale businesses.
An establishment selling food and/or beverages for consumption primarily off-premises either immediately or with further preparation and may offer other home care and personal products. Such establishments may include but not be limited to supermarkets, grocery stores, and specialty food stores such as bakeries, butcher shops, delicatessens, and similar establishments.
Establishments engaged in providing services for individuals, businesses, government, and other organizations and includes but is not limited to finance, insurance, real estate, business services, miscellaneous repair services, personal services, pharmacies, motion pictures, amusement and recreation services, museums, and art galleries.
A permanent artificial device constructed to change or preserve the finished grade of a given parcel of land, no portion of which is above finished grade on more than one side of the retaining wall.
See "approving authority."
The deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.
A line parallel to the property line established by applying the minimum yard restrictions set forth in this chapter.
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figure, design, symbols, fixtures, colors, illumination or projected images. Please refer to the Borough's Sign Ordinance, found at § 310-49 for detailed definitions of types of signage.
One or more lots.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways.
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, and screening devices.
Any other information that may be reasonably required in order to make an informed determination pursuant to Chapter 305, Subdivision of Land and Site Plan Review.
A site plan that:
Proposes new development that will have minimal impact on the community, surrounding neighborhood and the site.
Does not involve any new street or extension of any off-tract improvement which is to be prorated pursuant to Chapter 305, Subdivision of Land and Site Plan Review.
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by Chapter 305, Subdivision of Land and Site Plan Review have been met.
An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy through the use of a solar panel or solar panel array and associated equipment.
A photovoltaic panel, or solar shingle or hot air or water panel collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
A collection of multiple solar panels mounted or arranged together, providing energy to the same primary user, as part of a solar energy system.
A personal service establishment that offers a combination of non-medical personal services that may include hair, nail and skin treatments or other services typically found in a beauty shop, and may offer patrons multiple services, such as hygiene, grooming, relaxation therapy, hydrotherapy, and licensed massage therapy as defined by New Jersey General Statutes. Massage therapy shall be an accessory use (see definition of "massage therapy") and shall cover less than 20% of the floor of the principal use.
Standards as established by this chapter and Chapter 305, Subdivision of Land and Site Plan Review regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough or required by applicable federal or state laws or Borough ordinances.
A small staircase ending in a platform that leads to the entrance of a building.
Any living area having a finished floor area above grade shall be considered a "story" when the distance from the finished floor to the finished surface of the floor above is more than four feet for more than 60% of the total perimeter of the building or more than 10 feet at any point. A basement shall be considered a story when at least 50% of its volume is above grade or when it has direct, at grade access to any exterior yard area.
A habitable partial story under a gable, hip or gambrel roof, where the floor area consists of 1/3 or less of the square-footage of the floor directly below.
An intermediate level or levels between the floor and ceiling of any story with aggregate floor area of not more than 33% of the floor area of the story in which the level or levels are located and which is open to the level below.
Any street, avenue, boulevard, road, parkway, viaduct, drive or any other way which is an existing state, county or Borough roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by Borough ordinance; or 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. It shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
A state or county street designated by number, or which connects New Providence and adjacent municipalities.
See "street, secondary."
A street with a single common ingress and egress.
A street that provides frontage for access to abutting lots and carries slow-speed traffic primarily having a destination or origin on the street itself.
See "street, local."
See "street, arterial."
A street upon which a residential district abuts or where 50% or more of the abutting street frontage is in predominantly residential use.
A street which collects traffic moving between primary and local streets.
Any changes in the supporting members of a building or structure, such as walls, columns, beams or girders.
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.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing or maintaining proceedings under this chapter or any other ordinance of the Borough of New Providence to effect a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two or more lots, tracts or parcels or other divisions of land for sale or development. The following shall not be considered subdivision within the meaning of this chapter, if no new streets are created:
Divisions of property by testamentary or interstate 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.
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Zoning Officer to conform to the requirements of this chapter and Chapter 305, Subdivision of Land and Site Plan Review and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Borough.
The term "subdivision" shall also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of no more than three lots, provided that such subdivision does not involve any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Chapter 305, Subdivision of Land and Site Plan Review.
A building that is constructed or rebuilt for datacenters. Also known as a carrier hotel, co-location center or internet datacenter, telecom hotels typically house hundreds and thousands of web servers for web hosting organizations, large enterprises and other service organizations.
See "arts center."
See "dwelling, townhouse."
A vehicle designed to be towed or hauled by another vehicle, used for either short-term human habitation (see "vehicle, recreational"), or for carrying goods, materials, or objects, or as a temporary office in association with an active construction site.
A typed or printed verbatim record of the proceedings or reproduction thereof.
The purpose for which land, a building or a structure is designed, arranged or intended or for which it is or may be occupied or maintained.
See "nonconforming use."
Permission to depart from the literal requirements of this chapter or Chapter 305, Subdivision of Land and Site Plan Review pursuant to Sections 47, 29.2b, 57c and 57d of the Municipal Land Use Law (N.J.S.A. 40:55D-60, N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d).
Any vehicle registered with the state either as a commercial or livery vehicle and displaying commercial or livery license plates and/or having a gross vehicle weight of 7,000 pounds or more. Passenger cars, recreational vehicles or station wagons, excluding taxis displaying commercial plates, are not considered "commercial vehicles" under the terms of this chapter.
A vehicle used for providing transportation for the owner or members of his family and so registered by the New Jersey Division of Motor Vehicles.
A motor vehicle or trailer primarily designed for recreational, camping or travel use, such as a trailer, truck camper, van, or boat trailer. See "trailer."
A place where animals are given medical care, such as checkups, shots, grooming, but no boarding or surgical procedures take place on site.
A place where animals are given medical care, including surgical procedures and where the boarding of animals is permitted in associated with short-term care incidental to the hospital use.
A building or facility that is devoted towards the promotion of healthy living as well as the prevention of illness and disease run by any number of physicians who can practice a wide variety of medicine. These facilities promote health care through fitness, dietary needs, psychological aid, and other more direct medical practices, where a patron can sometimes talk to a physician directly for a diagnosis of a specific problem or can arrange for a treatment such as massage from a qualified and trained therapist.
Any building, premises, or land in which or upon which, the principal business, operation, or industry involves any handling and resale of goods in comparatively large quantities to others, but not usually to the ultimate consumer of an individual unit.
An open space, which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.
For a corner lot, the open space extending the full width of the lot between the principal building and the street side lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.
An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.
Where a required side yard shall be at least 60% of a new building or new addition's height, the required side yard shall be calculated by measuring from finished grade to the top of the siding. Measurements shall be taken from the front corner, midpoint, and rear corner of the new building or addition. The applicant shall then calculate the 60% requirement for each measured point to determine the required setback dimension. The new building or addition shall be required to meet the measured dimension at each of the three points.
The location and boundaries of districts are hereby established as shown on the Zoning Map of the Borough of New Providence, dated October 2022, which map is hereby made a part of this chapter and incorporated herein by reference. Such map and all notations, references and designations shown thereon shall be a part of this chapter as if the same were all fully described and set forth herein, and copies thereof are maintained on file in the Borough Clerk's office.
The Construction Official or other designated authority charged with the administration and enforcement of this chapter.
A document signed by the Zoning Officer which is required precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter, or a variance therefrom duly authorized by a Borough board pursuant to Chapter 291, Land Use Procedures.
[3]
Editor's Note: Schedule II, Residential Bulk Requirements, is included as an attachment to this chapter.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.