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Newton City Zoning Code

§ 320-3

Definitions.

This section provides definitions for terms in this Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this section, then the common usage of the term shall be utilized.
ACCESSORY APARTMENT
A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether as part of the same structure as the primary dwelling unit or a detached dwelling unit located above a private garage on the same lot. Also known as an "in-law suite" or as a "granny flat." The maximum size of an accessory apartment shall be 800 square feet (syn. accessory dwelling unit).
ACCESSORY BUILDING
A subordinate building or structure on the same lot with a main building or a portion of the main building occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.
ACCESSORY BUILDING HEIGHT
An accessory building's vertical distance measured from the average elevation of the finished grade along the front of the building to mean elevation of the roof surface.
ACCESSORY BUILDING SETBACK
The required open space between an accessory building and the front, side and rear lines of a lot.
ACCESSORY USE
A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
AFFORDABLE HOUSING
Dwellings consisting of rental or for-sale units that are provided as required under the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) and meet the requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).
AGE-RESTRICTED RESIDENTIAL
A residential development that complies with the "housing for older persons" exception from the federal "Fair Housing Amendments Act of 1988," 42 U.S.C.A. § 3601 et seq., as may be amended, and 24 CFR 100.301 et seq., as may be amended.
[Added 8-26-2013 by Ord. No. 2013-22]
ANTIQUE STORE
A place offering antiques for sale. An antique, for purposes of this chapter, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.
ARBOR
An open framework structure that forms a shelter, gateway framework or bower. Its primary purpose is to be a semiarchitectural place for climbing plants to grow, while providing shaded seating, directional form to frame a view or to create a private out-of-doors area. An arbor can be arched or square-topped. It differs from a gazebo in that its roof area is open to the elements, while a gazebo traditionally has a solid roof that protects those seated beneath it from the elements.
ARCADE
A private frontage conventional for retail use wherein the facade is a colonnade supporting habitable space that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage line.
ARCHITECTURAL PANELING
Modular, exterior panels applied to a building or structure that are not necessary for the structural integrity of the building or structure. Made of high quality materials such as wood, metal, or stone. Excluding aluminum, vinyl, or steel siding. Used to modulate the facade and create vertical or horizontal breaks.
ARTISANAL WORKSHOP
Shops of special trade including the manufacturing, compounding, assembly processing, packaging or similar treatment of such products as: baked goods, candy, ceramics, pottery, china, weaving and other textile arts, painting, cooperage, woodworking and other artistic endeavors and similar trades. Retail sales on the premises of products made on the premises are required in the T-6 Zone. Artisanal workshops shall not exhibit any exterior noise, smell, glare or dust from manufacturing. If any exterior noise, smell, glare or dust is present, the use shall be classified as light manufacturing.
[Amended 6-25-2012 by Ord. No. 2012-17]
ATTIC
The interior part of a building contained within a pitched roof structure.
AWNING
An ancillary lightweight structure usually of canvas, cantilevered from a facade providing shade to the fenestration and spatial containment to the pedestrian. Awnings, to be effective adjunct to a shop front, must thoroughly overlap the sidewalk, be no higher than 10 feet at the front edge of the sidewalk and shall extend no farther than possible as a self-supporting structure (i.e., no visible vertical support poles or columns).
AWNING/CANOPY SIGN
A nonilluminated sign that is attached to, affixed to or painted on an awning or canopy located over a window, door or entrance of a building. Signage is to be placed on the front valance portion of the awning/canopy structure. For nonfabric-type awnings/canopies, signage may be placed along the upper edge of the front portion of the canopy. Where applicable, awnings/canopies may contain street numbers, but telephone numbers or product advertising and product logos are prohibited. Awning/canopy signs shall not be internally illuminated.
BAKERY
An establishment primarily engaged in the sale of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service.
BALCONY
A platform that projects from the wall of a building and is surrounded by a railing or balustrade.
BED-AND-BREAKFAST
An owner-occupied, private residence where one to six rooms for overnight accommodations are provided to lodgers. Breakfast shall be the only meal provided to lodgers. For the purpose of this definition, a lodger means a person who rents a room in a bed-and-breakfast establishment for fewer than 28 consecutive days. Compensation for lodging shall be computed by the day. Does not include boardinghouse or lodging house (syn. lodging).
BLOCK
The aggregate of private lots, passages, rear lanes and alleys, circumscribed by public streets.
BLOCK FACE
The aggregate of all the building facades on one side of a block.
BOARDINGHOUSE or LODGING HOUSE
A dwelling having one kitchen and used for the purpose of providing lodging, or both meals and lodging, for pay or compensation of any kind, whether computed by day, week or month, to persons occupying such dwellings, other than members of a family.
BREEZEWAY
A covered passage one story in height connecting a principal building with another principal building or an accessory building with or without open sides.
BUFFER
A landscaped area designed to functionally separate and visually screen the elements and uses of land which abut it, including streets, and to ease the transition between them. Buffers may also function to reduce noise, glare and other nuisances.
BUILDING
A structure having a roof supported by columns or walls, entirely separated from any other structure by space or by walls in which there are no communicating doors, windows or similar openings.
BUILDING COVERAGE
The percentage of horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings to that of the entire lot, exclusive of appurtenances such as bay windows, balconies, porches, steps, etc.
BUILDING DEPTH
The mean horizontal distance between the front and rear walls of a building measured in the mean direction of the side walls, exclusive of appurtenances such as bay windows, balconies, porches, steps, etc.
BUILDING DISPOSITION
The placement of a building on its lot.
BUILDING FACE OFFSET
A horizontal measurement between offsets in portions of a front or rear facade, as a means of breaking up the apparent bulk of the continuous exterior walls of a building or group of attached buildings.
BUILDING FRONTAGE
A building's horizontal measurement, parallel to the public right-of-way, of the outer wall that faces a public street.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade along the front of the building to the mean elevation of the roof surface.
BUILDING TYPE
A structure category determined by function, disposition on the lot, and configuration, including frontage and height.
BUILDING WIDTH
The mean horizontal distance between the side walls of a building measured in the mean direction of the front and rear walls, exclusive of appurtenances such as bay windows, balconies, porches, steps, etc.
BUSINESS SERVICES
Establishments primarily engaged in rendering services to other business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; personnel and employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing, copying and printing; travel; office supply; and similar services.
BUS STOP SHELTERS or TRANSIT SHELTERS
A freestanding structure, located on a bus or train route, which is designated to accommodate embarking and disembarking transit passengers.
CANNABIS
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16, for use in cannabis products as set forth in the Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana, as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 6-28-2021 by Ord. No. 2021-12]
CANNABIS CULTIVATOR
Any licensed business or entity that grows, cultivates, or produces cannabis in this state and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license.
[Added 6-28-2021 by Ord. No. 2021-12]
CANNABIS DELIVERY
Any licensed business or entity involved in providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer. This person or entity shall hold a Class 6 cannabis delivery license.
[Added 6-28-2021 by Ord. No. 2021-12]
CANNABIS DISTRIBUTOR
Any licensed business or entity involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator or cannabis items in bulk from any type of licensed cannabis business to another. This person or entity shall hold a Class 4 cannabis distributor license.
[Added 6-28-2021 by Ord. No. 2021-12]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, or a cannabis distributor.
[Added 6-28-2021 by Ord. No. 2021-12]
CANNABIS MANUFACTURER
Any licensed business or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 6-28-2021 by Ord. No. 2021-12]
CANNABIS RETAILER
Any licensed business or entity that is involved in the sale of cannabis items and related supplies that are sold to consumers. This person or entity shall hold a Class 5 cannabis retailer license.
[Added 6-28-2021 by Ord. No. 2021-12]
CANNABIS WHOLESALER
Any licensed business or entity that is involved in obtaining and selling cannabis items for later resale by other licensees. This person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 6-28-2021 by Ord. No. 2021-12]
CARPORT
A permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.
CISTERN
A reservoir or tank for storing rainwater and grey water for the purpose of using it for irrigation or other interior or exterior grey water uses.
CIVIC
The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit and municipal parking.
CIVIC BUILDING
A building designed specifically for a civic function.
CIVIC SPACE
An outdoor area dedicated for public use. Civic space types are defined by the combination of certain physical constraints including the relationship between their intended use, their size, their landscaping and the building(s) defining the space.
CLUB, LODGE or FRATERNAL ORGANIZATION
Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business.
CLUSTERING
A subdivision of land which utilizes small lot sizes in order for the density permitted on the entire parcel to be "clustered" onto lots smaller than the permitted density, thereby allowing 40% or more of the total parcel to be preserved in a privately or publicly owned dedicated open space or farm preserved parcel. The open space or farm preserved parcel must be deed restricted from further subdivision or development.
COFFEE SHOP or CAFE
An informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.
COLONNADE
A roof or building structure, extending over the sidewalk, open to the street and sidewalk except for supporting columns or piers.
COMMERCIAL
The term collectively defining workplace, office, retail, and lodging functions.
COMMERCIAL BUILDING
A single or multistory building devoted solely to commercial uses. They may be designed as walkups or elevator buildings depending on the number of floors.
COMMERCIAL INSTRUCTIONAL ACTIVITIES
Any educational or recreational programs or activities involving team or individual instruction that is conducted in a commercial structure and related to children or adults, including, but not limited to: dance, musical instruments, singing, cooking, martial arts or other sports.
COMMERCIAL VEHICLE
Any motor-driven vehicle, including cars, trucks, buses, sedan delivery vehicles, station wagons, minivans, sport utility vehicles, or any other commercially used vehicles with advertising matter or subject to such licensing designation under N.J.S.A. 39:1-1 et seq.
[Added 8-26-2013 by Ord. No. 2013-22]
COMMON YARD
A planted private frontage wherein the facade is set back from the frontage line. It is visually continuous with adjacent yards.
COMMUNITY GARDEN
A parcel of land used for the growing of vegetables, flowers, etc., used for human consumption but not for commercial sales. The garden area may at least include, but not be limited to, a greenhouse, an accessory storage building, benches, a watering system and fencing.
CONFIGURATION
The form of a building, based on its massing, private frontage, and height.
CONVALESCENT HOME or NURSING HOME
A facility that provides nursing services and custodial care on a twenty-four-hour basis for individuals who for reasons of illness, physical infirmity, or advanced age require such services.
CORNER LOT
A lot of land 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°.
CORNICE
The topmost element of a building facade composed of moldings for an entablature in formal architecture orders or used alone at the roofline or ceilings.
CORNICE LINE
A continuous horizontal cornice feature that provides a vertical break within the facade and/or defines the roofline along the top of the building.
COTTAGE
An edgeyard building type. A single-family dwelling, on a regular lot, often shared with an accessory building in the back yard.
COUNTY
The County of Sussex in the State of New Jersey.
COURT
An open, unoccupied space bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanently open space.
COURTYARD BUILDING
A building that occupies three or more boundaries of its lot while internally defining one or more private patios.
CRAFT STORE
Any business establishment that produces on the premises articles for sale of artistic quality or effect or handmade workmanship. Examples include candle making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and other associated activities.
CULTURAL USES
Services offered to the public by public, private or nonprofit facilities, such as, but not limited to, museums, art galleries and libraries.
CURB
The edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system.
CURB RADIUS
The curved edge of the street cartway at intersections, measured at the edge of the travel lines. Curbs at intersections shall not intrude into the intersection beyond the specified maximum curb radius. Where streets of different use categories intersect, the requirements of the higher intensity street shall govern.
DECORATIVE PAVING
Paving that is made up of solid, precise, modular units, stamped concrete, scored concrete, seeded concrete, colored concrete or any combination of the above.
DENSITY
The number of dwelling units within a standard measure of land area.
DESIGN SPEED
The maximum safe speed that can be maintained over a specified section of roadway when conditions are so favorable that the design features of the roadway govern. The assumed design speed should be a logical one with respect to the topography, the adjacent land use, and the functional classification of roadway.
DIRECTIONAL SIGN
Any on-premises sign limited to directional messages that do not contain a commercial message, principally for pedestrian or vehicular traffic, such as "one way," "entrance" and "exit."
DISPLAY WINDOWS
Windows on the ground floor of a building that allow visibility into and out of a commercial space and are used for display.
DOORYARD
A private frontage type with a shallow setback and front garden or patio, usually with a low wall at the frontage line.
DRIVE-THROUGH FACILITY
A facility associated with a use that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services and/or obtain goods while remaining in their motor vehicles.
DRIVEWAY
Vehicular accessway provided for the purpose of allowing passage over, and parking upon, private or public property.
[Amended 6-9-2014 by Ord. No. 2014-9; 9-16-2020 by Ord. No. 2020-19]
DRUG REHABILITATION CLINIC or SUBSTANCE ABUSE TREATMENT FACILITY
A facility used for the purposes of temporary or long-term inpatient treatment of victims of alcohol or drug use or addiction.
DRY-CLEANING ESTABLISHMENT
An establishment or business maintained for the pickup, cleaning and delivery of dry cleaning and/or laundry.
EAVE HEIGHT
A building's vertical measurement from the mean level of the ground abutting the building to the lowest point of an overhanging eave.
EDGEYARD BUILDING
A building that occupies the center of its lot with setbacks on all sides. See § 320-26B.
EFFECTIVE PARKING
The amount of parking required for mixed use after adjustment by the shared parking factor.
EFFECTIVE TURNING RADIUS
The measurement of the inside turning radius taking parked cars into account.
ELDER-CARE CENTER
A building or space in a building and ground used for the day care of senior citizens, including normal daily health-related care, i.e., medication administration, but not convalescent or nursing care and services, and does not preclude services like flu shots.
ELEVATION
An exterior wall of a building not along a frontage line. See "facade."
ELEVATOR FLATS
An apartment or condominium building with three or more stories that utilizes an elevator to access the floors of the building.
EMERGENCY SERVICES
Publicly or privately owned safety and emergency services, such as, but not limited to, fire stations, police stations, and emergency medical and ambulance service.
ENCROACH
To break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into the public frontage, or above a height limit.
ENCROACHMENT
Any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public frontage, or above a height limit.
ENFRONT
To place an element along a frontage, as in "porches enfront the street."
ENTERTAINMENT
The presentation of the performing arts, including indoor motion-picture theaters, theaters for live performances, and indoor and outdoor concert halls. Also includes completely enclosed recreational activities such as bowling, roller skating or ice-skating. Entertainment uses may include the preparation and serving of food as an incidental use. Entertainment uses shall not include nightclubs and arcades.
ESTATE HOUSE
An edgeyard building type. A single-family dwelling on a very large lot of rural character, often shared by one or more accessory buildings (syn. country house, villa).
EXPRESSION LINE
A line prescribed at a certain level of a building for the major part of the width of a facade, expressed by a variation in material or by a limited projection such as a molding or balcony (syn. transition line).
EXTENDED CARE FACILITY
One or more residential structures which incorporate health care services for the long-term care of the residents, including assisted living, convalescent homes, nursing homes and rehabilitation facilities.
EXTENSION LINE
A line prescribed at a certain level of a building for the major part of the width of a facade, regulating the maximum height for an encroachment by an arcade frontage.
FACADE
The exterior wall of a building that is set along a frontage line. See "elevation."
FACADE FENESTRATION
The percentage of the area of windows, doors and other exterior openings to the total facade area.
FACADE/WALL SIGN
A sign attached to the exterior facade or wall of a building in such a manner that the façade or wall is the supporting structure for or forms the background surface of the sign. Such signs shall not project above the edge of the roof or beyond the side walls of a structure.
FARMERS' MARKET
A permanent enclosed building operated year-round, or seasonally, where the majority of products consist of perishable foods and prepared foodstuffs grown on local or regional farms or a temporary or occasional outdoor retail sale of farm produce from temporary stands. Farmers' markets may also include artwork, crafts or durable goods made by local or regional artisans in conjunction with the farm products mentioned above.
FEATHER FLAG
Also known as swooper flags, bowflags or flutter flags, these flags are irregular-shaped rectangular flags attached horizontally to a flag pole so that the edge of the flag flutters in the wind. Feather flags are typically ground-mounted.
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas. Fences are generally erected as permanent or long-term structures utilizing fence posts set into the ground with concrete or other stabilizing material.
[Added 9-16-2015 by Ord. No. 2015-24]
FINANCIAL SERVICES
Provision of banking services to consumers or clients. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and automatic teller machines (ATMs). Where drive-through services are permitted, the location of drive-throughs shall be regulated in the same manner as parking. Financial services shall not include establishments used solely for currency exchange or check cashing.
FIRST-FLOOR ELEVATION
A building's vertical measurement from the mean level of the ground abutting the building to the mean level of the first floor of the building.
FIRST-STORY CLEAR HEIGHT
A building's vertical measurement from the mean level of the first floor of the building to the mean level of the second floor of the building.
FLEX MIXED-USE BUILDING
A multistory building that contains ground-floor commercial uses, with upper-floor residential, retail, office or other commercial uses. These buildings may be attached, semiattached or detached. They are served by elevators and intended for the highest density areas of the Town.
FOOD AND BEVERAGE PRODUCTION
The production of food or beverage products from raw goods and/or farm products, such as salsa from vegetables, cheese from milk, jams and pies from fruit, juice from fruits or vegetables, etc. (syn. value added food production).
FORM-BASED CODE
A land use ordinance comprised of a set of cohesive design standard regulations, and development standard regulations incorporating the land use/transect plan, public frontage plan and street regulating plan and intended to implement the goals and objectives of the Town of Newton Master Plan.
FRONTAGE
The area between a building facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage.
FRONTAGE LINE
A lot line bordering a public frontage. Facades facing frontage lines define the public realm and are therefore more regulated than the elevations facing other lot lines.
FRONTAGE PERCENTAGE
The percentage of the width of a lot that is required to be occupied by the building's primary façade (syn. frontage build-out).
FRONTAGE TYPE
The type of facade that is permitted on a primary street (front yard).
FRONT FACADE ENCROACHMENTS
Building components that encroach from the front facade of a building into the public right-of-way or building setback area, including, but not limited to, overhanging eaves, gutters, cornices, steps, bay windows, porches, balconies and balconettes. If the maximum permitted encroachment is greater than the maximum permitted setback, then such building components are permitted to encroach into the public right-of-way.
FRONT YARD SETBACK
The required open space located between the facade of a building and the street line exclusive of overhanging eaves, gutters, cornices, steps, bay windows, balconies and balconettes.
[Amended 6-9-2014 by Ord. No. 2014-9]
FUNERAL HOME or MORTUARY
A building or part thereof used for human funeral services. Such building may contain space and facilities for: 1) embalming and the performance of other services used in the preparation of the dead for burial; 2) the performance of autopsies and other surgical procedures; 3) the storage of caskets, funeral urns, and other related funeral supplies; 4) the storage of funeral vehicles; and 5) facilities for cremation.
GALLERY
A private frontage conventional for retail use wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk.
GALLERY (ART)
An establishment in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public.
GARAGE (PRIVATE-DETACHED)
An accessory building used for the storage of motor vehicles.
GARAGE (PUBLIC)
A building or part thereof which is designed specifically for automobile parking and where there are a number of floors or levels on which parking takes place. Parking structures are to be located internal to a block and not permitted on any street frontages (with the exception of a small frontage type) without liner buildings.
GASOLINE SERVICE STATION OR FILLING STATION
Any building, structure, or area of land used for the retail sale of automobile fuels, oils and accessories, and where repair service and sale of propane and/or kerosene, if any, is incidental.
GATEWAY
A point at which a motorist or pedestrian gains a sense of arrival in a particular district, neighborhood or part of a municipality. This impression can be imparted through such things as signs, monuments, landscaping, change in development character, or a natural feature.
GIS (GEOGRAPHIC INFORMATION SYSTEM)
A computerized program in widespread municipal use that organizes data on maps.
GOVERNMENT/CIVIC/CIVIC/INSTITUTIONAL BUILDING
A building that contains governmental, civic, institutional or religious uses. They are typically significant buildings that may have large setbacks, monumental and unique design characteristics, public art installations and/or public space areas. Examples include courthouses, government administration offices, schools, libraries, museums and places of worship. They do not contain commercial, residential or industrial uses and are typically fully detached.
GREENFIELD
An area that consists of open or wooded land or farmland that has not been previously developed.
GREEN ROOF
An engineered, multilayered roofing system sustaining the growth of plants on a roof while protecting the integrity of the underlying structure. The components of a green roof consist of a waterproofing membrane, root barrier, drainage layer, retention layer, filter fabric, growing medium and plants.
GREENWAY
An open space corridor in largely natural conditions which may include trails for bicycles and pedestrians.
GREY WATER
Wastewater obtained from domestic sinks and tubs, but excluding that part of the plumbing waste stream that includes human wastes.
GROUND-FLOOR FRONT FACADE FENESTRATION
The ratio of ground-floor front window area to ground-floor front facade area. Window area may include windows contained in doors.
HARDSCAPE
Inanimate elements of landscaping. Examples include walls, patios, pavers, paths, boulders, stones, decks, and fountains.
HIGHWAY
A rural and suburban thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural transect zones (T-1, T-2 and T-3).
HOME OCCUPATION
An occupation carried on in a dwelling unit or accessory building on the same lot by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. A home occupation involves customers/clients visiting the residence and may include up to two employees provided that the owner of the home occupation resides in the dwelling unit.
HOME OFFICE
An occupation carried on in a dwelling unit or accessory building on the same lot by the resident thereof, provided that the use is limited in extent and incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. A home office does not involve customers or clients visiting the residence and does not include any nonresident employees. A home office is permitted in all residential dwelling units and does not require a zoning permit provided that it is not visible from the exterior of the building, there is no signage, employees or customers visiting the site.
HORIZONTAL FACADE BANDING
The use of horizontal strips that differ from the principal material, color, texture or setback of a facade, as a means of breaking up the apparent height of a building.
HORIZONTAL FACADE BREAK
A horizontal measurement between building face offsets; vertical elements; bay windows; private amenities organized vertically such as terraces, balconies or balconettes; building offsets or recesses; changes in facade materials or colors; or combination thereof.
HOSPITAL/MEDICAL CENTER
An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients, licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice. Such institutions include allied and adjunct medical facilities such as facilities for the education and training of hospital personnel, including but not limited to residents, interns, nurses, technicians and orderlies; medical schools, student residence halls or dormitories, laboratories, research facilities, pharmacies, cafeterias, restaurants or snack bars, gift or flower shops; outpatient treatment and medical offices which may be in the same building or separate buildings provided this does not include nonaccessory, nonadjacent or independently operated medical offices, group medical practices or laboratories.
HOTEL
A facility offering transient lodging accommodations to the general public and which must include lobbies and concierge services. It may include a restaurant, meeting rooms, entertainment and recreational facilities or banquet halls. Lodging may not be for more than 28 consecutive days and must be computed by the day. Does not include boardinghouse or lodging house (syn. lodging).
HOUSE
An edgeyard building type, usually a single-family dwelling on a large lot, often shared with an accessory building in the back yard (syn. single).
HOUSE OF WORSHIP
A building where persons regularly assemble for religious purposes and related social events and which building is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. Examples include churches, synagogues, mosques and temples.
INDUSTRIAL USE
A use relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or mineral extraction.
INFILL
A. 
Noun: New development on land that had been previously developed, including most greyfield and Brownfield sites and cleared land within urbanized areas.
B. 
Verb: To develop such areas.
INSTITUTIONAL USE
A nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, or government-owned or government-operated structure or land used for public purpose, including office use related to such public purpose.
[Amended 6-24-2019 by Ord. No. 2019-5]
JUDICIAL
Of or pertaining to judgment in courts of law or to the administration of justice. Includes courthouses and associated structures and uses.
JUNKYARD
A lot, land, or structure, or part thereof, used for the collection, storage, and sale of wastepaper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, salvaging, or sale of parts or machinery or vehicles not in running condition.
KIOSK
A structure which may be constructed somewhere other than the lot on which it is placed or which is comprised of parts which are constructed elsewhere and assembled on a lot, and which is designed and intended to be used primarily for retail sale, display and accessory advertising of food and merchandise.
LABORATORY
A facility for scientific laboratory analysis of natural resources, medical and dental resources, and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water, and soil; medical or dental laboratories for the analysis of blood, tissue, or other human medical or dental products.
LAW ENFORCEMENT
The activity of entities empowered by the state, Town, or county, which are vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the criminal or traffic laws of the Town and state.
LIBRARY
A public, nonprofit facility in which literary, musical, artistic, or reference materials such as but not limited to books, manuscripts, computers, recordings, or films are kept for use by or loaning to patrons of the facility, but are not normally offered for sale.
LICENSE
[Added 6-28-2021 by Ord. No. 2021-12]
A. 
A license issued under relevant state law, including a license that is designated as either:
(1) 
Class 1 cannabis cultivator license.
(2) 
Class 2 cannabis manufacturer license.
(3) 
Class 3 cannabis wholesaler license.
(4) 
Class 4 cannabis distributor license.
(5) 
Class 5 cannabis retailer license.
(6) 
Class 6 cannabis delivery license.
B. 
The term includes a conditional license for a designated class, except when the context of the provisions of relevant state law otherwise intend to only apply for a license and not a conditional license.
LIGHT INDUSTRY
Research and development activities, the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semifinished products from previously prepared materials, which activities are conducted wholly within an enclosed building (light manufacturing). Finished or semifinished products may be temporarily stored outdoors for a maximum of 48 hours pending shipment.
LINER BUILDING
A single or multistory building devoted to commercial or residential uses. Their purpose is to "line" the exteriors of large structures such as parking garages, movie theaters or supermarkets. This allows large, blank facades to be screened by pedestrian-scaled uses. The building may be attached or integrated into the larger structure, or sit in front of it, with separations dictated by building codes. Individual unit access is to be provided from the primary street frontage. Secondary access may be provided from the building that is being "lined."
LIVE/WORK BUILDING
A hybrid commercial/residential building that may be new construction or a conversion of an existing home into a combination ground-floor business and upper-floor single-family dwelling unit.
LIVING FENCE
Hedges, trees, or other living landscaping that forms a border between two spaces.
LODGING
Facilities providing overnight accommodations for transient guests either in a hotel or bed-and-breakfast format.
LOT
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.
LOT COVERAGE
All impervious coverage (as defined in Chapter 240) on a lot (syn. lot occupation).
LOT DEPTH
The horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
LOT LAYERS
Lot layers divide lots into three sections for purposes of locating parking on a site. The first layer is in the front yard, the second layer is 20 feet beyond the front yard, and the third layer is remainder of the lot to the rear lot line.
LOT SIZE or LOT AREA
The total square unit contents included within lot lines.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
MAIN CIVIC SPACE
The primary outdoor gathering place for a community. The main civic space is often, but not always, associated with an important civic building.
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
[Added 6-28-2021 by Ord. No. 2021-12]
MANUFACTURING
Premises available for the creation, assemblage and/or repair of artifacts, using table-mounted electrical machinery or artisanal equipment, and including their retail sale.
MARQUEE SIGN
A sign attached to a marquee for the purpose of identifying a theater or movie house. Such signs shall not project above the edge of the roof.
MASSAGE PARLOR
An establishment, business or use which provides the service of massage and body manipulations, including exercise, heat and light treatments of the body and all forms and methods of physical therapy unless operated by a medical practitioner or professional physical therapist or certified massage practitioner.
MASSING
The manner in which a building's height, depth, and width are proportionate to the width of the street on which it is located.
MENU BOARD SIGN
A permanently mounted wall sign used to inform the public of the list of entrees, dishes, foods and entertainment available in a restaurant, cafe, luncheonette, delicatessen or similar establishment. Such signs shall be located in a permanently mounted display box on the facade of the building adjacent to the entrance, displayed within a window adjacent to the entrance, or at a podium that will be placed inside the restaurant upon closing.
MICROBUSINESS
A person or entity licensed by the Cannabis Regulatory Commission as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that may only, with respect to its business operations, and capacity and quantity of product:
[Added 6-28-2021 by Ord. No. 2021-12]
A. 
Employ no more than 10 employees;
B. 
Operate a cannabis establishment occupying an area of no more than 2,500 square feet, and in the case of a cannabis (grower) cultivator, grow cannabis on an area no more than 2,500 square feet measured on a horizontal plane and grow above that plane not higher than 24 feet;
C. 
Possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit;
D. 
Acquire and process each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis;
E. 
Acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and
F. 
Acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof.
MID-BLOCK CONNECTION
A public space within a lot that may be open or enclosed and which is designed and/or intended to be used by the public to pass between a public right-of-way and a parking lot located within the interior of a block or to the rear of a building. Mid-block connections shall have a minimum pedestrian walkway width of four feet and be lined with landscaping where possible.
MIXED USE
Multiple functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by warrant.
MIXED-USE BUILDING
A building that includes more than one use; typically having different uses on the first floor and the upper floors of the building. A common example is ground-story commercial with offices or residences on upper floors.
MOTOR VEHICLE SALES
Any business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats, or motorcycles or other similar motorized transportation vehicles. Such an establishment may maintain an inventory of the vehicles for sale or lease either on site or at a nearby location and may provide on-site facilities for the repair and service of the vehicles sold or leased by the establishment.
MOTOR VEHICLE SERVICE AND REPAIR
The repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, washing, or installation of CB radios, car alarms or stereo equipment.
MUSEUM/GALLERY
A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an incidental use the sale of goods to the public as gifts or for their own use.
NET SITE AREA
All developable land within a site including thoroughfares but excluding land allocated as civic zones.
NIT(S)
A unit of measurement of luminance, or the intensity of visible light. A nit equals one candela per square meter (1 nit = 1 cd/m2).
[Added 1-30-2017 by Ord. No. 2017-1]
OFFICE
A room, suite of rooms, or building in which a person transacts the affairs of a business, profession, service, industry, or government.
OFFICE/COMMERCIAL BUILDING
A single or multistory building devoted solely to commercial uses. They may be designed as walkups or elevator buildings depending on the number of floors. Common entrances and other spaces may be shared. Primary access is to be provided from the primary street frontage. Additional access is permitted from courtyards or internal corridors. Parking is permitted inside the ground floor of the building but may not abut the primary street frontage. Side yard parking equal to one row of parking plus drive aisle is permitted to a maximum of 45 feet.
OFFSET
A change in elevation or primary facade plane with a difference of at least three feet.
OPEN SPACE
Land intended to remain undeveloped; it may be for civic space.
OUTBUILDING
An accessory building, usually located toward the rear of the same lot as a principal building, and sometimes connected to the principal building by a breezeway.
PARK
A noncommercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. Such facilities include neighborhood parks, community parks, regional parks, and special-use facilities, all as described in the recreation and open space element of the Town Master Plan. Such facilities may also include but shall not be limited to school and religious institution ball fields, football fields, and soccer fields, if they meet the above definition. Commercial recreation or amusement facilities shall not be considered parks. Or any area that is predominately open space, used principally for active or passive recreation, and not used for a profit-making purpose.
PARKING BAY
Paved area used to accommodate either one or two rows of parking stalls plus one access lane.
PARKING STRUCTURE
A building containing one or more stories of parking above grade.
PAWN SHOP
An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.
PERSONAL SERVICES
Specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, massage facilities, chiropractic clinics, garment repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair, and other similar establishments.
PHARMACY
An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.
PLANTER
A decorative, aboveground container located within a public right-of-way and used for the planting of trees, shrubs and plants. When required by this Form Based Code as a sidewalk area element, planters shall have a minimum volume of 25 cubic feet. Planters shall maintain a minimum pedestrian clear space width of four feet along a public sidewalk.
PLANTING STRIP
A portion of public right-of-way located between the curb and sidewalk which is dedicated to the planting of trees and low ground cover.
PLAZA, SQUARE or PIAZZA
Public spaces located within the Town and its neighborhoods, which may contain one or more civic building(s) or space located within a primarily unpaved, formally configured area which may contain a small public lawn or park. Portions may be linear in shape though a square, rectangle, circle or other usable shape, as appropriate, shall be the primary focus of the area. Spaces shall be surrounded by canopy street trees. These sites shall be situated at prominent locations and are often dedicated to important events and/or citizens. Spaces may contain water features, an amphitheater, farmers' market, and in some appropriate instances, such as in conjunction with residential neighborhoods, may include limited play equipment and court.
PORTABLE SIGN
A sign that is not permanently affixed to a structure or the ground. Also know as A-frame or sandwich board signs. These signs are constructed with two faces which rest at an angle less than 45° to each other. Such signs are only permitted for retail stores, restaurants, cafes, luncheonettes, delicatessens and similar establishments. Such signs must be located upon the same lot as it services. The sign shall not obstruct pedestrian or vehicular flow.
PORTICO
A covered walk or porch that is supported by columns or pillars; also known as colonnade.
PRINCIPAL BUILDING
The main building on a lot, usually located toward the frontage.
PRINCIPAL ENTRANCE
The main point of access for pedestrians into a building.
PRINCIPAL FRONTAGE
On corner lots, the private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width. Prescriptions for the parking layers pertain only to the principal frontage. Prescriptions for the first layer pertain to both frontages of a corner lot. See "frontage." See also building configuration and height tables associated with each transect zone for visual descriptions of lot layers.[1]
PRINCIPAL STORE FRONTAGE
Any building face that includes a public/customer entrance (not emergency, service or employee entrances) to the store or establishment to which a sign is related.
PRIVATE FRONTAGE
Frontage within a lot that is not public frontage.
[Amended 6-9-2014 by Ord. No. 2014-9]
PRIVATE SETBACK
The space between the facade of a building and a public right-of-way. Such space may be regulated for passive use landscape or active use hardscape/paving. See also "front yard setback" and "side yard setback."
PRODUCT FILLING AND ASSEMBLY
The filling of containers or packages with a product for shipping and assembly of products from premade parts or products manufactured elsewhere.
[Added 6-11-2018 by Ord. No. 2018-9]
PROFESSIONAL OCCUPATION
The office of a physician, surgeon, dentist, minister, architect, engineer, attorney, optometrist, accountant, veterinarian, or similar professional person when located within his/her dwelling or in an accessory building on the same lot provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.
PROFESSIONAL OR TENANT IDENTIFICATION SIGN
An exterior wall sign that serves as a common or collective identification for two or more businesses or tenants in the same building, displaying the name of each tenant.
PROJECTING, BLADE, OR HANGING SIGN
A sign attached to and projecting out from the exterior facade or wall of a building at a ninety-degree angle in such a manner that it is located completely in the public right-of-way, partially in the right-of-way or completely on private property. Internal illumination of a projecting sign is prohibited.
PUBLIC BUILDING
Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.
PUBLIC DANCE HALL
A place of assembly, open to the public and operated for profit, where dances, parties, receptions, and other gatherings are held. Dance halls may provide live entertainment, may serve alcoholic beverages, and may serve catered meals provided the owner or operator holds the appropriate licenses and permits.
PUBLIC FRONTAGE
Frontage along a public right-of-way.[2]
[Amended 6-9-2014 by Ord. No. 2014-9]
PUBLIC SPACE
Property (streets, alleys, civic greens and parks) within the public domain and physically within a municipality or neighborhood within which citizens may exercise their rights. At its most ideal level, public space and public buildings can be characterized as being of, for and by the people.
PUBLIC SPACES PLAN
Both a master plan element and a land use ordinance that regulates location and general design of public spaces.
PUBLIC WORKS
Any improvement facility or service, together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy, or similar essential services.
QUICK RESPONSE CODE (QR) SIGN
A sign that contains a specific matrix barcode (or two-dimensional code) that is readable by dedicated QR or tag barcode readers and camera telephones. The code consists of black modules arranged in a square pattern on a white background or colored design. The information encoded may be text, URL, or other data (syn. tag bar code).
RAIL STATION
A facility, either light or heavy rail, for the boarding of passengers and related ticketing sales and offices.
RAIN GARDEN
A planted depression that is designated to take as much as possible of the excess rainwater runoff from a house or other building and its associated landscape.
REAL ESTATE SIGN
A temporary sign that relates to the sale, lease, or rental of property or buildings, or to construction activities on a site.
REAR ALLEY
A vehicular street or driveway located to the rear of lots providing access to service areas and parking, and containing utility easements. Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with curbs at the edges.
REAR LANE (Rl)
A vehicular street or driveway located to the rear of lots providing access to service areas, parking, and outbuildings and containing utility easements. Rear lanes may be paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised curb, and is drained by percolation.
REARYARD BUILDING
A building that occupies the full frontage line, leaving the rear of the lot as the sole yard (var: rowhouse, townhouse, apartment house).
REAR YARD SETBACK
The required open space extending along the rear line of a lot from side yard to side yard of a building, exclusive of overhanging eaves, gutters, cornices, steps, bay windows, balconies and balconettes. A rear yard setback is not applicable to a yard that fronts on a public street.
[Amended 6-9-2014 by Ord. No. 2014-9]
RECESS
A change in the building facade plane that sits at least three feet back from the beginning of the primary building setback.
RECESS LINE
A line prescribed for the full width of a facade, above which there is a stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the enfronting public space (var: extension line).
RECREATION
The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as, but not limited to, boating, fishing, and swimming, or may be passive, such as, but not limited to, enjoying nature or its wildlife.
RECREATIONAL FACILITY
An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual or organized activities, including but not limited to basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized events, health and fitness club facilities, swimming pool, snack bar and other support facilities.
REGULATING PLAN
A Zoning Map or set of maps that shows the transect zones, civic zones, special districts, if any, and special requirements, if any, of areas subject to, or potentially subject to, regulation by the Form-Based Code.
RESEARCH AND DEVELOPMENT
Investigative activities conducted by a business with the intention of making a discovery that can either lead to the development of new products or procedures, or to the improvement of existing products or procedures.
RESIDENTIAL
Characterizing premises available for long-term human dwelling.
RESIDENTIAL ELEVATOR FLAT
A residential building containing two or more dwelling units attached at one or more common roofs, walls or floors. Typically, the unit's habitable area is provided on a single level with entrances provided from a common corridor. Common lobby elevators are required when more than one story above grade is provided. Flats or lofts may be contained in a residential building or may be residential flats or lofts over first-floor commercial uses.
RESTAURANT
An establishment where food and drink are prepared, served, and primarily consumed within the principal building or structure. Restaurants may be full service/sit down, carry out or fast food. Where drive-through services are permitted, location of drive-throughs shall be regulated in the same manner as parking.
RETAIL
Characterizing premises available for the sale of merchandise and food service.
RETAIL FRONTAGE
Frontage designated on a regulating plan that requires or recommends the provision of a shopfront, encouraging the ground level to be available for retail use. See special requirements.
RETAIL SALES
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, which render services incidental to the sale of such goods, and are engaged in activity designed to attract the general public to purchase such goods or merchandise. Pharmacies are permitted to have drive-through services. The location of drive-throughs shall be regulated in the same manner as parking.
RETAIL SERVICES
Establishments providing services, as opposed to products, to the general public, including financial services, insurance, real estate, personal services, fitness centers or studios, galleries and similar uses.
RIGHT-OF-WAY WIDTH
A horizontal measurement taken perpendicularly from one side of a public right-of-way to the other.
ROAD (Rd)
A local, rural and suburban thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural transect zones (T1-T3).
ROOF
The outside top covering of a building.
[Added 9-16-2015 by Ord. No. 2015-21]
ROOF, FLAT
A roof that is not pitched and the surface of which is generally parallel to the ground.
[Added 9-16-2015 by Ord. No. 2015-21]
ROOF, GABLE
A ridged roof forming a gable at both ends of the building.
[Added 9-16-2015 by Ord. No. 2015-21]
ROOF, GAMBREL
A gabled roof with two slopes on each of four sides, the low steeper than the upper.
[Added 9-16-2015 by Ord. No. 2015-21]
ROOF, HIP
A roof with sloping ends and sides.
[Added 9-16-2015 by Ord. No. 2015-21]
ROOFLINE OFFSET
A horizontal measurement between offsets in portions of a roofline, as a means of breaking up the apparent bulk of the continuous roofline of a building or group of attached buildings. Such offsets consist of elements such as dormers and gables.
ROOF, MANSARD
A roof with two slopes on each of four sides, the lower steeper than the upper.
[Added 9-16-2015 by Ord. No. 2015-21]
ROOF, SHED
A roof with one slope.
[Added 9-16-2015 by Ord. No. 2015-21]
ROWHOUSE
A single-family dwelling that shares a party wall with another of the same type and occupies the full frontage line; see rear-yard building (syn. townhouse).
RURAL BOUNDARY LINE
The extent of potential urban growth as determined by existing geographical determinants. The rural boundary line is permanent.
SCHOOL
An institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, and similar facilities.
SECONDARY FRONTAGE
On corner lots, the private frontage that is not the principal frontage. As it affects the public realm, its first layer is regulated.
SELF-STORAGE FACILITY or MINI-WAREHOUSE FACILITY
A building or group of buildings divided into separate compartments used to meet the temporary storage needs of customers and may include refrigerated facilities.
SETBACK
The area of a lot measured from the lot line to a building facade or elevation that is maintained clear of permanent structures, with the exception of permitted encroachments (var: build-to line).
SHARED PARKING
Joint utilization of a parking area for more than one use, either on site or between nearby properties through a dedicated arrangement, in order to fulfill their individual parking requirements because their prime operational hours do not overlap.
SHARED PARKING FACTOR
An accounting for parking spaces that are available to more than one function.
SHOPFRONT
A private frontage conventional for retail use, with substantial glazing and an awning, wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. See § 320-26A.
SIDE FACADE FENESTRATION
The ratio of side window area to side facade area. Window area may include windows contained in doors.
SIDE FACADE WINDOW SETBACK
A horizontal measurement between all windows located on the side facade of a building to the shared side lot line. This setback is to be measured perpendicularly from the shared side lot line.
SIDEWALK
The paved section of the public frontage dedicated exclusively to pedestrian activity.
SIDEWALK CAFE
Any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served, or where permitted on private property. Sidewalk cafes shall maintain a minimum pedestrian clear space width of four feet along a public sidewalk. Sidewalk cafes are permitted between March 1 and December 1.
SIDEYARD BUILDING
A building that occupies one side of the lot with a setback on the other side. This type can be a single or twin depending on whether it abuts the neighboring house. See § 320-26B.
SIDE YARD SETBACK
The required open space extending along the side line of a lot from the front yard to the rear yard of a building, exclusive of overhanging eaves, gutters, cornices, steps, bay windows, balconies and balconettes. A side yard setback is not applicable to a yard that fronts on a public street.
[Amended 6-9-2014 by Ord. No. 2014-9]
SIGN
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that 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, figures, design, symbols, fixtures, colors, illumination, or projected images.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, ANIMATED OR MOVING
Any sign or part of a sign that changes physical position, or light intensity, by any movement or rotation or that gives the visual impression of such movement or rotation.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, AWNING
A sign that is mounted, painted, or attached to an awning or other window, door canopy that is otherwise permitted by ordinance. Also referred to as a "canopy sign."
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, BANNER
A temporary sign of cloth, vinyl or similar material that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by means, including words, letters, figures, design, symbols, colors and/or images. A banner sign may be used for private business advertising purposes or may be used to celebrate an event, season, community, neighborhood or district when sponsored by a recognized community agency, organization or not-for-profit.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, BLADE
A sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building. Also known as a "projecting sign," "hanging sign" or "shingle sign."
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, COMMUNITY EVENT
A temporary sign announcing a community event such as tricky trays, yard sales and fundraisers for public entities and not-for-profit organizations such as charities, schools, etc.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, DIRECTIONAL
Signs limited to directional messages such as "one way," "entrance," and "exit."
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, EXTERNALLY ILLUMINATED
A sign lit from the outside by lights shining on the face of the sign or that emit light from behind the sign. (See "halo effect signs.")
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, FEATHER FLAG
See "feather flag."
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, FLAG
A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country or institution, as decoration, or for advertising.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, FLASHING
Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, FREESTANDING
Any nonmovable sign not affixed to a building. Freestanding signs may include pole-mounted signs, pylon signs and ground signs.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, GROUND-MOUNTED
Any freestanding sign, other than a pole-mounted sign, in which the entire bottom of the sign is in contact or close contact with the ground. Also known as "pedestal or monument signs."
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, HALO EFFECT
An externally illuminated sign that is lit by a hidden light source which illuminates the wall or other background to the sign message, but not the face of the sign message. Halo signs may utilize neon to provide the halo effect, in which case the resulting sign is considering externally illuminated.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, HOME/PROFESSIONAL OCCUPATION
A sign containing only the name and occupation of a permitted home or professional occupation.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, INTERNALLY ILLUMINATED
A sign lit from the inside by artificial lighting including fluorescent bulbs, neon, LED technology or some other light source that emits light from within the sign.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, MENU BOARD
A sign that contains the menu of a restaurant.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, NEON
An internally illuminated sign consisting of glass tubing, bent to form letters, symbols, or other shapes and illuminated by neon or a similar gas through which an electric voltage is discharged.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, OFFICIAL
Any sign installed by a governmental agency and intended to direct or control traffic; identify streets, parks, public places or public or historic events; or to provide other information deemed necessary by that official agency.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, OPEN
A window sign that displays the word "open" and may include hours of operation. The open sign may be illuminated but not flashing or moving.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, POLITICAL
A temporary sign announcing support or supporting political candidates or issues in connection with any national, state or local election.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, PORTABLE
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs to be transported on wheels and sandwich board signs. Portable signs must be stored inside the building when the business is closed in the T-6 Zone; in all other zones, portable signs may remain outside at the owner's risk.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, PROFESSIONAL/TENANT IDENTIFICATION
A sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, QUICK RESPONSE (QR) CODE/TAG CODE
A sign containing a QR code/TAG code or similar technology-based bar code that consumers may scan with a smart phone, camera or other device in order to access advertising information, coupons, a website and/or other information about the business.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, RESIDENCE DESIGNATION
A sign or nameplate indicating the name and/or address of the occupants of a residential property.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, ROOF
A sign that is mounted on the roof of a building or that is wholly dependent on a building for support and that projects above the top edge or roofline of a building with a flat roof, eaveline of a building with a gambrel, gable, or hip roof, or the deckline of a building with a mansard roof.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, SANDWICH BOARD
See "portable sign."
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas, fabric, plastic, cardboard, plywood or other light material and designed or intended to be displayed for a short period of time. Lighted advertising signs (typically beer advertising signs) hung inside windows of an establishment are considered permanent signs.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, TEMPORARY WINDOW
A temporary sign hung inside of a window of a commercial establishment.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, TEMPORARY BANNER
See "sign, banner."
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, TEMPORARY GROUND
A temporary sign that is staked or otherwise affixed to the ground.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, WALL
A sign fastened to, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 12 inches from such building or structure.
[Added 9-16-2015 by Ord. No. 2015-21]
SIGN, WINDOW
A permanent sign that is painted or mounted onto a window pane, or that is hung inside the window solely for the purpose or effect of identifying any premises from the sidewalk or street. Also referred to as a "permanent window sign."
[Added 9-16-2015 by Ord. No. 2015-21]
SINGLE-FAMILY DWELLING
A detached single-family unit on its own individual lot designed for or used exclusively by one family.
SOLAR SCREEN
A device attached to a building to provide shading for glazed areas thereof.
SPECIAL CARE FACILITY
Includes assisted living facilities, convalescent care, nursing homes, extended care facilities and life care facilities.
SPECIAL DISTRICT (SD)
An area that, by its intrinsic function, disposition, or configuration, cannot or should not conform to one or more of the normative community unit types or transect zones specified by the SmartCode. Special districts may be mapped and regulated at the regional scale or the community scale.
SPECIAL FLOOD HAZARD AREA
A designation by the Federal Emergency Management Agency (FEMA) that may include the V (Velocity) Zones and Coastal A Zones where building construction is forbidden, restricted, or contingent upon raising to the base flood elevation.
SPECIALIZED BUILDING
A building that is not subject to residential, commercial, or lodging classification.
SQUARE
A civic space type designed for unstructured recreation and civic purposes, spatially defined by building frontages and consisting of paths, lawns and trees, formally disposed. See § 320-26C.
STATE
The State of New Jersey.
STEPBACK
A building setback of a specified distance that occurs at a prescribed number of stories above the ground.
STOOP
A private frontage wherein the facade is aligned close to the frontage line with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance.
STORAGE SHED
A subordinate structure or building used primarily for storage purposes.
STOREFRONT
A ground-floor facade with a large display window.
STOREFRONT WIDTH
The horizontal extent of the storefront of an individual business or establishment as measured parallel to the public right-of-way upon which it fronts.
STORY
A habitable level within a building, excluding an attic or raised basement.
STREET FRONTAGE
The horizontal distance between side lot lines measured along the public right-of-way upon which the lot fronts.
STREET FURNITURE
Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, telephone booths, bus shelters, kiosks, sign posts, streetlights and bollards.
STREET LINE
The lines that form the boundary of a right-of-way or, in cases where the right-of-way has not been dedicated, the edge of pavement of a public or private road.
[Added 6-9-2014 by Ord. No. 2014-9]
STREET REGULATING PLAN
Both a master plan element and a land use ordinance that regulates location and general design of public streets and public spaces.
STREETSCAPE
Design elements in the public right-of-way, primarily located in the pedestrian area including street furniture, sidewalks, tree pits, grass verges, landscaping, lighting, and signage.
STREET SCREEN
A freestanding wall built along the frontage line, or coplanar with the facade. It may mask a parking lot from the thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm.
STREET VENDORS
Any person or persons, including corporations, who engage in the activity of vending.
SURFACE PARKING LOT
An off-street, surfaced, ground-level open area, for the temporary storage of motor vehicles.
SWALE
A low or slightly depressed natural area for drainage.
TATTOO PARLOR
An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: 1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TAVERN or BAR
An establishment whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Incidental uses may include food service and take-out sales of alcohol:
TEMPORARY FENCE
An artificially constructed barrier made of any material or combination of materials erected to temporarily enclose, screen or separate areas. Temporary fences may include deer fencing, garden enclosures, edging, and the like, which are not permanently affixed into the ground and can be easily removed without special equipment or machinery.
[Added 9-16-2015 by Ord. No. 2015-24]
TEMPORARY SIGN
A sign not intended or designed for permanent display, used by mechanics, craftsmen and builders on site, or for religious, charitable or political purposes.
TEMPORARY USE
A use that is established for a fixed short-term period of time with the intent to discontinue such use upon the expiration of such time and that does not involve any permanent improvements on a property. Temporary uses include temporary outdoor display and sales of merchandise such as a seasonal market or Christmas tree lot; a carnival or fair held by a nonprofit entity; a grand opening event; parking lot sale; or other similar promotional event. Outdoor displays permitted under the chapter are not considered to be temporary uses under the chapter.
THEATER
A structure used for dramatic, operatic, motion pictures, or other performance, for admission to which entrance money is received. Adult motion-picture theaters or establishments featuring burlesque are prohibited.
THOROUGHFARE
A way for use by vehicular and pedestrian traffic and to provide access to lots and open spaces, consisting of vehicular lanes and the public frontage.
TND
Traditional neighborhood development, a community unit type structured by a standard pedestrian shed oriented toward a common destination consisting of a mixed-use center or corridor, and in the form of a medium-sized settlement near a transportation route (syn. village; variant: infill TND, neighborhood).
TOWN
Town of Newton in the County of Sussex in the State of New Jersey.
TOWNHOUSE
See "townhouse building" or "rear-yard building" (syn. rowhouse).
TOWNHOUSE BUILDING
A one-family dwelling unit with a private entrance, attached horizontally with other dwelling units in a linear arrangement. They are located on individual lots and are separated from other dwelling units by an approved wall, extending from the foundation through the roof that is structurally independent of the corresponding wall of the adjoining unit. They have a totally exposed front and rear wall to be used for access, light and ventilation. A variation of the townhouse is the stacked townhouse, with two, similarly sized one-family dwelling units integrated into the footprint of a townhouse.
TRANSECT ZONE (T-ZONE)
One of several areas on the Zoning Map regulated by this Code. Transect zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended habitat are integrated, including those of the private lot and building and public frontage.
TRANSPARENCY
The degree, measured as a percentage of the overall facade space, to which a facade has clear, transparent windows on each story.
TURNING RADIUS
The curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the turning radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn.
TWIN BUILDING
A one-family dwelling unit with a private entrance, attached horizontally with one other dwelling unit in a linear arrangement. They are located on individual lots and are separated from the other dwelling unit by an approved wall, extending from the foundation through the roof that is structurally independent of the corresponding wall of the adjoining unit. They have a totally exposed front, rear and side wall to be used for access, light and ventilation (syn. duplex).
T-ZONE
Transect zone.
UPPER-FLOOR FRONT FACADE FENESTRATION
The ratio of upper-floor front window area to upper-floor front facade area. Window area may include windows contained in doors providing access to terraces, balconies or balconettes.
URBANIS
Collective term for the condition of a compact, mixed-use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects.
URBANIZED
Generally, developed. Specific to the SmartCode, developed at T-3 (suburban) density or higher.
UTILITY
All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.
VERTICAL FACADE BREAK
A vertical measurement between horizontal elements such as horizontal facade banding; private amenities oriented horizontally such as terraces, balconies, balconettes and porches; changes in facade materials or colors; overhanging eaves; or combination thereof. Outdoor terraces, balconies and porches shall have a minimum depth of four feet and outdoor balconettes shall have a maximum depth of two feet.
VETERINARIAN SERVICE
An establishment that provides animals with medical and surgical treatment, as well as care during the time of such treatment.
WAREHOUSE/LOFT BUILDING
A former industrial building, typically characterized by multiple stories, high ceilings, large floor plates and wide load-bearing columns. Adaptive reuses include residential, retail, office, artisan studios/galleries and live/work. New construction with similar architectural features may be included in this definition.
WAREHOUSE AND STORAGE
The storage of materials in a warehouse or terminal and where such materials may be combined, broken down or aggregated for transshipment or storage and where the original material is not chemically or physically changed. Excludes bulk storage of materials that are hazardous or explosive, outdoor storage or materials that present hazards or conditions commonly recognized as offensive.
[Amended 6-11-2018 by Ord. No. 2018-9]
WHOLESALE TRADE
Establishments or places of business primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
[Added 6-28-2021 by Ord. No. 2021-12]
WINDOW-TO-EAVE OFFSET
A vertical measurement from the highest point of a facade window to the lowest point of an overhanging eave or other facade protrusion such as a balcony or balconette.
WINDOW SIGN
A sign that is applied or attached to the interior of a window or located in such a manner within a building that it can be seen from the exterior of the building through a window. Such signs shall be limited to individual letters placed on the interior surface of the window and intended to be viewed from outside. Glass-mounted graphic logos may be applied by silk screening or prespaced vinyl die-cut forms.
WIRELESS TELECOMMUNICATION TOWER
A tower, pole, or similar structure that supports a wireless telecommunications antenna operated for commercial purpose aboveground in a fixed location, freestanding, guyed, or on a building or other structures.
YARD
An open space between a building and the adjoining street line, side and/or rear 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 or street line (whichever is less) and any buildings shall be used.
[Added 6-9-2014 by Ord. No. 2014-9]
ZONING MAP
The map or maps that are part of the Zoning Ordinance and delineate the boundaries of individual zones and districts.[3] See "regulating plan."
[1]
Editor's Note: Building configuration and height tables for each transect zone are located in §§ 320-5 through 320-19.
[2]
Editor's Note: The former definition of "public frontage type," which immediately followed this definition, was repealed 6-9-2014 by Ord. No. 2014-9.
[3]
Editor's Note: The Transect Zone Map is included as an attachment to this chapter.