As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENTA dwelling unit with a separate means of ingress and egress containing separate kitchen, bathroom, and sleeping facilities, that is physically attached to or contained within an existing single-family detached dwelling, or occupies the second story of an existing garage or accessory building on the same lot as the principal dwelling.
[Added 9-9-2015 by Ord. No. 15:12; amended 3-11-2020 by Ord. No. 20:02]
ACCESSORY BUILDINGA building which is customarily used as an incidental building in a principal building and located on the same lot with such principal building.
ACCESSORY DWELLINGA dwelling unit either attached to a single-family principal dwelling or located on the same lot and having an independent means of access.
[Added 3-11-2020 by Ord. No. 20:02]
ACCESSORY STRUCTUREA structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
[Added 3-11-2020 by Ord. No. 20:02]
ACCESSORY USEA use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
[Amended 3-11-2020 by Ord. No. 20:02]
ADDITIONExtension or increase in the floor area or increase in the height of a building or increase of cubic area.
AFFORDABLE HOUSING OR LOW- AND MODERATE-INCOME HOUSINGHousing for sale or rental that is affordable, according to standards for home ownership or rental costs adopted by COAH, occupied or reserved for occupancy by households with a gross household income of less than 80% of the median household income and subject to affordability controls.
ALTERATIONSAny change, rearrangement or addition other than repairs, to a building; any modification in the construction or equipment of a building; any reroofing or residing; or any enlargement by moving from one location or position to another.
AUTOMOBILE REPAIR SERVICES, MAJORGeneral repair, rebuilding, or reconditioning of engines, transmissions, or other major systems of motor vehicles or trailer, including bodywork, welding, and major painting service.
[Added 3-11-2020 by Ord. No. 20:02]
AUTOMOBILE SALESThe use of any building, land area, or other premise principally for the display, sale, rental, or lease of new or used automobiles (but may include light trucks or vans, trailers, or recreation vehicles), and including any vehicle preparation, warranty, or repair work conducted as an accessory use.
[Added 3-11-2020 by Ord. No. 20:02]
AUTOMOBILE SERVICE STATIONAny building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; minor or light servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
[Added 3-11-2020 by Ord. No. 20:02]
BILLBOARD SIGNA sign that directs attention to a business, commodity, service, or activity conducted, sold, or offered at a location other than the premises on which the sign is located.
[Added 8-10-2016 by Ord. No. 16:14]
BUILDINGAny temporary or permanent structure, finished wall or enclosure, built either above or below the ground, used or intended for supporting or sheltering any use or occupancy. When such structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building. Building shall also include any structure having a roof supported by column piers or walls, including but not limited to tents, lunch wagons, trailers, diners, camp cars or other structures on wheels or having other supports and any unroofed platform, terrace, porch or deck.
BUILDING AREAThe maximum horizontal projected area of a principal building and its accessory buildings, excluding decks, uncovered porches, terraces, patios, and steps.
[Amended 4-13-2016 by Ord. No. 16:01]
BUILDING COVERAGEThat area of a lot covered by buildings measured on a horizontal plane around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns, but not having walls, as measured around the extremities of the roof above the columns.
[Added 2-25-2004 by Ord. No. 04:01]
BUILDING HEIGHTFor all buildings, building height shall be vertical distance from the average ground elevation around the foundation to the building's highest point, exclusive of chimney, mechanical equipment, elevator tower and flagpole, which shall not exceed the height of the existing building by more than 12 feet, but in no event shall it exceed the maximum building height specified for a particular zone by more than eight feet. The average ground elevation shall be calculated by measuring the ground elevation at ten-foot intervals around the perimeter of the foundation.
[Amended 2-25-2004 by Ord. No. 04:01]
(1) A At no point around the perimeter of the building shall the height of the building, exclusive of chimney, mechanical equipment, elevator tower and flagpole, exceed by more than five feet the maximum allowed in the zoning district.
(2) Where soil or rock removal lowers the ground elevation around the perimeter of the foundation, the building height shall be based on the lowered composite elevation.
(3) Where fill raises the ground elevation around the perimeter of the foundation, building height shall be based on the elevation as it existed prior to the use of fill.
BUILDING LINEA line extended from any wall of a building and parallel with that wall and shall include the entire wall. If projections occur along the wall, then the projection shall be included within the building line.
BUSINESS SIGNA sign that directs attention to a business, commodity, service, or activity that is sold, or offered, or manufactured on the premises on which the sign is located.
[Added 8-10-2016 by Ord. No. 16:14]
CELL TOWER OR WIRELESS TELECOMMUNICATION TOWER OR FACILITYEither: a parcel of land containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment; or a Federal Communications Commission (FCC) licensed facility, designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices and equipment.
[Added 3-11-2020 by Ord. No. 20:02]
COAHThe New Jersey Council on Affordable Housing established by N.J.S.A. 52:27D-305 or successor agency of state government responsible for comprehensive low- and moderate-income housing planning in accordance with sound regional planning.
COMMERCIAL SIGNAny billboard sign or business sign.
[Added 8-10-2016 by Ord. No. 16:14]
COMMERCIAL VEHICLEAny motor vehicle licensed or registered as a commercial vehicle, taxi, or limousine.
[Added 12-12-2018 by Ord. No. 18:14]
COMMUNICATIONS ANTENNAAny exterior transmitting or receiving device, mounted on a tower, building, or structure and used in communications, that radiates or captures electromagnetic waves, digital signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communications signals.
[Added 10-6-2009 by Ord. No. 09:10]
COMMUNICATIONS TOWERAny structure that is designed and constructed primarily for the purpose of supporting one or more communications antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and similar structures. The term shall include the structure and any support thereof, together with other accessory structures and equipment associated therewith.
[Added 10-6-2009 by Ord. No. 09:10]
CONVENIENCE STOREA retail establishment of up to 5,000 square feet that is used for selling primarily food products, beverages, newspapers and magazines, candy, cigarettes, household items, and a limited amount of freshly prepared foods, such as sandwiches and salads, for off-premises consumption.
[Added 3-11-2020 by Ord. No. 20:02]
CORNER LOTA lot fronting on two streets at the intersection.
DECKA platform that is attached to a building, or that is directly adjacent to a building, and which is supported by pillars or posts and is not covered by a permanent roof.
[Added 4-13-2016 by Ord. No. 16:01]
DETENTION BASINThose areas which exist or are created for the temporary storage of stormwater and controlled discharge of this water to a receiving drainage system.
DEVELOPERThe 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.
DEVELOPMENTThe 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.
DEVELOPMENT FEESMoney paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted by COAH regulations, N.J.A.C. 5:92.
DIGITAL OR ELECTRONIC SIGNSAny sign that, in whole or in part, rotates, moves, produces noise or smoke, gives the illusion of movement, displays a video or other changing imagery, automatically changes, is animated or blinking, or has any electronic digital, tri-vision, or other animated characteristics resulting in an automatically changing depiction.
[Added 8-10-2016 by Ord. No. 16:14]
DRIVE-IN RESTAURANTS [Amended2-25-2004 by Ord. No. 04:01](1) Any establishment for the service of food and beverages, commonly known as a "fast-food restaurant," "snack bar," "dairy bar," "hamburger stand," "hot dog stand" or "pizza stand," the operation of which consists of the service of food and beverages to the customers of the establishment for potential immediate consumption at counters, stools or bars outside the confines of the structure in which the business is conducted or for consumption in vehicles parked upon the premises, whether such food and beverages are delivered to the vehicles by the customers or by personnel employed by the operator. An establishment for the service of food and beverages which contains seating facilities for the service of food and beverages within the confines of the structure in which the business is conducted shall nevertheless be deemed to be a drive-in restaurant if the operation of the business substantially consists of the service of food and beverages for immediate consumption outside the structure as hereinabove set forth.
(2) Any establishment for service of food and beverages from which customers present at the premises can purchase food and beverages without physically entering the main structure in which the establishment is located.
DWELLING, SINGLE-FAMILY DETACHEDA building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.
[Added 3-11-2020 by Ord. No. 20:02]
DWELLING, TWO-FAMILYA single building containing two dwelling units.
[Added 3-11-2020 by Ord. No. 20:02]
DWELLING UNITOne or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same within the one or more rooms.
EDUCATIONAL USEA place where people of all ages gain an education, including preschools; child care; elementary, middle, and high schools; community colleges; colleges; and universities.
[Added 3-11-2020 by Ord. No. 20:02]
EGRESS AND INGRESSEgress is the provision of facilities for either pedestrians or vehicles for leaving a particular lot or land. Ingress is a provision for entering a particular lot or land.
EGRESS OPENINGAn architectural feature of a building or structure used for egress from below grade facilities, which may include a landing and ladder providing access to the grade level.
[Added 9-14-2016 by Ord. No. 16:21; amended 12-14-2016 by Ord. No. 16:26]
EQUALIZED ASSESSED VALUEThe value of a property determined by the Borough Tax Assessor through a means designed to ensure that all property in the Borough is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the municipal Tax Assessor.
FAMILYOne or more persons living together in a dwelling unit on a permanent and nontransitory basis as a single housekeeping unit, sharing living, sleeping, cooking and sanitary facilities on a nonprofit or nonremunerative basis, being a traditional family unit or the functional equivalent.
[Amended 9-19-1998 by Ord. No. 98-09]
FENCEIncludes any substantially vertical structure, wall, or appurtenance, regardless of material composition, but excluding vegetation and living fences, whether supported by a foundation, footing, piling, stake, post, aboveground member, or whether it be self supporting, intended as a barrier to prevent escape or intrusion, to mark a boundary or the proximity thereof to ensure privacy, or to act as a support for vegetation.
[Added 6-8-2016 by Ord. No. 16:09]
FINANCIAL SERVICE CENTERA nonbank entity that does not accept deposits or make loans like traditional banks or financial institutions, but that provides monetary services that include the sale or redemption of traveler's checks or money orders, money wire transfers, check cashing, and currency exchange. Also referred to as "check cashing establishments."
[Added 3-11-2020 by Ord. No. 20:02]
FLOOD HAZARD AREAThe rivers or other watercourses and adjacent land areas subject to inundation in the event of the design flood of a one-hundred-year frequency storm. These areas include the floodway and flood fringe areas as delineated on the Flood Insurance Rate Maps and Flood Boundary Maps, prepared by the Federal Emergency Management Agency and as adopted by the Borough of Norwood.
FLOODWAYThe rivers or other watercourses and the adjacent land areas to be reserved in order to discharge the design flood of a one-hundred-year frequency storm without cumulatively increasing the water surface elevation more than 0.2 feet.
FRONT YARDAn open, unoccupied space on the same lot with the building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot.
GOVERNMENTAL SIGNA sign erected and maintained pursuant to any governmental functions or required by any law, ordinance, or other governmental regulation.
[Added 8-10-2016 by Ord. No. 16:14]
HABITABLE AREAThe sum of the gross horizontal areas of one or more floors of the building measured between the inside face of exterior walls, having a clear ceiling height of four feet; but no more than 10% of the habitable floor area shall have a ceiling height less than the prescribed ceiling height in the building code; any cellar, basement or garage space shall not be considered in the computation of the habitable floor area.
HEALTH CLUBAn establishment that houses exercise equipment and space for the purposes of physical exercise.
[Added 3-11-2020 by Ord. No. 20:02]
HOME OCCUPATIONAny activity carried out for gain by a resident and conducted in the resident's dwelling unit, and where the following conditions are met:
[Added 3-11-2020 by Ord. No. 20:02]
(1) The home occupation must be carried out indoors, without any outdoor storage.
(2) The residential appearance of the structure may not be altered.
(3) Any commercial vehicles used for the home occupation use must be garaged.
(4) Noise, glare, fumes, odors, and electrical interference are prohibited.
(5) Not more than one client, customer, or patron is permitted on the premises at any time.
(6) Deliveries and pickups by tractor -trailers are prohibited.
HOME PROFESSIONAL OFFICEA home occupation consisting of the office of a practitioner of a recognized profession.
[Added 3-11-2020 by Ord. No. 20:02]
HOUSING REGIONThe northeastern region of New Jersey composed of Bergen, Hudson and Passaic Counties, as defined at N.J.A.C. 5:92-2.1 or other group of two to four counties as may be defined by COAH.
ILLUMINATED SIGNA sign lighted by, or exposed to, artificial light, either by light on or in the sign or directed toward the sign, other than neon signs.
[Added 8-10-2016 by Ord. No. 16:14]
IMPROVED LOT COVERAGEThe percentage of lot area that is improved with principal and accessory buildings, structures, and uses, including, but not limited to, decks, driveways, tennis courts, parking areas, garages, walkways, patios, terraces, loading areas, hard surfaces, pools, or other man-made structures and improvements. Detention or retention basins are excluded if they are constructed of natural materials.
[Amended 9-14-2016 by Ord. No. 16:21; 4-13-2016 by Ord. No. 16:01]
INDOOR RECREATION FACILITY, COMMERCIALA recreation facility, provided within a fully enclosed building, operated as a business and open to the public for a fee.
[Added 3-11-2020 by Ord. No. 20:02]
LIVING FENCEPlantings created by human effort consisting of the growth or placement of hedges, trees, bushes, or any other plants, or any combination thereof, creating a vision-impairing barrier or boundary between properties.
[Added 6-8-2016 by Ord. No. 16:09]
LOADING AND UNLOADING FACILITYAn area adjacent to the main building or storage building equal to 800 square feet (20 feet by 40 feet) and is unoccupied at all times.
LOTA piece, parcel or plot of land occupied or designed to be occupied by a building and its accessory buildings, together with such open spaces required by this chapter as are arranged and designed to be used in connection with such buildings.
LOT AREAAn area of land which is determined by the limits of the lot lines bounding that area and is always expressed in terms of square feet.
LOT COVERAGEThe percentage of a lot that is covered or occupied by buildings measured on a horizontal planer around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns, but not having walls, as measured around the extremities of the roof above the columns.
[Amended 9-14-2016 by Ord. No. 16:21]
LOT DEPTHA mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT FRONTAGEThe horizontal distance measured along the property line parallel to the street and closest to the street between the side lot lines.
[Amended 2-25-2004 by Ord. No. 04:01]
LOT LINEA line of record dividing one lot from another.
LOT WIDTHThe straight and horizontal distance between side lot lines measured at the minimum front yard setback from the street line.
[Amended 2-25-2004 by Ord. No. 04:01]
LOW INCOMEA total gross household income no greater than 50% of the median household income.
MASSAGEAny method of pressing, squeezing, stretching, or stimulating the face, scalp, neck, limbs, or other parts of the human body, with or without cosmetic preparation, either by hand or with mechanical or electrical appliances.
[Added 3-11-2020 by Ord. No. 20:02]
MASSAGE ESTABLISHMENTAn establishment having a fixed place of business where the practice of massage as defined herein is practiced, but only by New Jersey licensed massage or body therapists.
[Added 3-11-2020 by Ord. No. 20:02]
MEAN GRADEThe grade of a lot equal to the sum of the various grades divided by the number of measurements.
MEDIAN HOUSEHOLD INCOMEThe median household income of the housing region in which the Borough of Norwood is located, as defined by COAH, adjusted for household size, based on the most recent median income figures published by the United States Department of Housing and Urban Development (HUD), the uncapped Section 8 income limits or other recognized standard adopted by COAH. These median income figures may also be available from COAH.
MICRO-BREWERYA restaurant that prepares handcrafted beer intended for consumption on the premises as an accessory use.
[Added 3-11-2020 by Ord. No. 20:02]
MINOR SUBDIVISIONA subdivision of land for the creation of no more than two lots, provided that such subdivision does not involve a planned development, any new street or the extension of any offtract improvements, the cost of which is to be prorated in accordance with applicable ordinance and statute. However, in the discretion of the Board, a minor subdivision may be treated as a major subdivision in any of the following events.
[Added 2-25-2004 by Ord. No. 04:01]
MODERATE INCOMEA total gross household income no greater than 80% and not less than 50% of the median household income.
NEIGHBORHOODThose lots or parcels of land within a radius of 500 feet in all directions from the exact midpoint of the tract to be subdivided.
[Added 5-4-2005 by Ord. No. 05:09]
NEON SIGNA 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 8-10-2016 by Ord. No. 16:14]
NONCOMMERCIAL SIGNAny sign other than a commercial sign.
[Added 8-10-2016 by Ord. No. 16:14]
NONCONFORMING BUILDING OR USEAny land, building, structure or use thereof which does not conform to the regulations of this chapter for the zone in which it is located but which was lawfully in existence prior to September 6, 1960.
OBSCENE MATERIALAny description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means of posing, composition, format, or animated sensual details:
[Added 4-5-2005 by Ord. No. 05:04]
(1) Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals;
(2) Lacks serious literary, artistic, political, or scientific value, when taken as a whole; and
(3) Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
ONE-FAMILY DETACHED HOUSEA building containing only one dwelling unit for the exclusive use and occupation of one family, and not containing one or more accessory apartments.
[Added 9-9-2015 by Ord. No. 15:12]
OPEN SPACEAn unoccupied space to the sky on the same lot with the building.
PARKING SPACEAn off-street space available for the parking of one motor vehicle and which in this chapter is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PATIOA ground-level, improved surface or structure directly adjacent to a building and not covered by a permanent roof.
[Added 4-13-2016 by Ord. No. 16:01]
PERMANENT SWIMMING POOLA water-filled, permanently constructed or located enclosure with a depth of more than 18 inches below the level of the surrounding land, or if above the level of the surrounding land, with a depth of more than 30 inches, which is designed, used, and maintained for swimming and bathing.
[Added 3-14-2018 by Ord. No. 18:02]
PERSONAn individual, proprietorship, partnership, corporation, association, or other legal entity.
[Added 4-5-2005 by Ord. No. 05:04]
PLANNING BOARDThe Planning Board of the Borough as established by the appropriate Borough ordinance.
PLOT PLANA plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board in unusual or special cases.
POLITICAL SIGNA temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
[Added 8-10-2016 by Ord. No. 16:14]
PORCHA structure, which may be in whole or in part screened, enclosed, or covered by a roof, and which is attached to or directly adjacent to a building.
[Added 4-13-2016 by Ord. No. 16:01]
PORTABLE ON-DEMAND STORAGE (PODS) STRUCTURESAny container, storage unit, shed-like container, or other portable structure that can be used or is used for the storage of personal property of any kind, and that is located for these purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.
[Added 7-11-2012 by Ord. No. 12:06]
PORTABLE POOLAny above-surface type of swimming pool constructed of canvas, rubber, plastic, or other similar material or materials, which is not designed or intended to be stationary or permanently fixed, but is designed or intended to be moved, removed, and stored when it is not being used.
[Added 3-14-2018 by Ord. No. 18:02]
PRINCIPAL BUILDINGA building in which is conducted the main or principal use of the lot on which the building is situated.
PRIVATE GARAGEAn accessory use not conducted as a business designed for the storage of motor vehicles and with space for not more than three vehicles.
PRIVATE SALE OR EVENT SIGNA temporary sign advertising private sales of personal property, including, but not limited to, house sales, yard sales, garage sales, rummage sales, or private not-for-profit group sponsored events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows, and holiday tree sales.
[Added 8-10-2016 by Ord. No. 16:14]
PROFESSIONAL OFFICEThe office of a member of a recognized profession, when conducted on a residential property, shall be conducted by a member of the family residing on that property entirely within a residential building and shall include only the offices of doctors or physicians, ministers, architects, professional engineers, lawyers and such similar professional occupants which may be so designated by the Zoning Board of Adjustment upon finding by such Board that such occupation is truly professional, in character, training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
PUBLIC GARAGEA building other than a private garage for the storage of motor vehicles, at which filling station services and repairs of all kinds of motor vehicles or any one of them is permitted. Any garage conducted as a business or in which storage space is rented for more than three motor vehicles shall be deemed a public garage.
PUBLIC ISSUE SIGNA temporary sign supporting a position on any public issue.
[Added 8-10-2016 by Ord. No. 16:14]
REAL ESTATE SIGNA temporary sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
[Added 8-10-2016 by Ord. No. 16:14]
REAR YARDA yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or if the lot is not rectangular, then in the general direction of its side lot lines.
REPAIRReplacement of existing material with the same kind of material used in the existing structure or building pot including additions or structural alterations.
REQUIRED YARDAny front, rear, or side yard that is required by the provisions of this chapter to be maintained on lots located in any zoning district.
[Added 12-19-2006 by Ord. No. 06:22]
RETENTION BASINThose areas which exist or are created for the storage of stormwater and absorption of this water into the ground.
SELF-STORAGE FACILITYA building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
[Added 3-11-2020 by Ord. No. 20:02]
SET-ASIDEThe percentage of low- and moderate-income housing units in a development.
SEXUALLY ORIENTED BUSINESS[Added 4-5-2005 by Ord. No. 05:04]
(1) A commercial establishment that, as one of its business purposes, offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material; computer programs or software; or photographs, films, compact or video disks, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors, or other image-producing devices that show images to one or more person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia that are designed for use in connection with a specified sexual activity; or
(2) A commercial establishment that features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or that regularly shows films, motion pictures, videocassettes, slides, or any computer-generated or electronically generated images or other photographic representations that depict or describe a specified sexual activity or specified anatomical area.
SIDE YARDAn open, unoccupied space between the side line of the yard and the nearest line to the building and extending from the front yard to the rear yard or in the absence of either of such yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
SIGNAny 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, designs, symbols, fixtures, colors, illumination, or projected images.
[Amended 8-10-2016 by Ord. No. 16:14]
SIGHT TRIANGLEA triangular area outside the street right-of-way abutting two intersecting streets or a driveway intersecting a street. The "sight triangle" shall be determined along the curb line or edge of driveway 30 feet distance from the edge of pavement and permitting a sight distance of not less than 150 feet. where roadways involved shall have speed limits not exceeding 25 miles per hour In the case of roadways where the speed limit is in excess of 25 miles per hour, the minimum site distance shall be in accordance with the American Association of State Highway and Transportation Officials (ASHTO) standards.
[Added 2-25-2004 by Ord. No. 04:01]
SLOPEFor the purposes of this chapter, a slope shall be determined by dividing vertical elevation difference on adjacent contour lines by the scaled horizontal distance perpendicular to these adjacent contour lines. For the purpose of measurement or calculation on any map, plat, plan or other document required by the Borough of Norwood or any agency or Board thereof, slopes shall be measured upon a scale of one inch equals 20 feet for parcels of less than one acre and one inch equals 30 feet for parcels in excess of one acre.
[Amended 2-25-2004 by Ord. No. 04:01]
SPECIFIED ANATOMICAL AREA[Added 4-5-2005 by Ord. No. 05:04]
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY[Added 4-5-2005 by Ord. No. 05:04]
(1) The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock, or female breast; or
(2) Any actual or simulated act of human masturbation, sexual intercourse, oral sex, or deviate sexual intercourse.
STEEP SLOPELot area upon which improvements are to be placed, altered or expanded where the mean gradient is greater than 15%.
[Amended 2-25-2004 by Ord. No. 04:01]
STORYThat part of a building between the surface of any floor and the next floor above it or in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is five feet or more above the level of the line of the finished floor next below it, except a basement. A basement or cellar shall be counted a story if its ceiling is more than four feet above the mean grade and if it is used for business or sleeping purposes. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story and if less than two feet below the top plate, it shall be counted as a half story, provided that not more than 60% of the floor area is used for rooms, baths or toilets; otherwise, it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.
STREAMAny natural body of water flowing continuously or intermittently, whether designated as a stream, spring, brook, river or otherwise and consisting of a bed, bank and water, but not including lakes or ponds.
STREETAny thoroughfare, highway or road or roadway which affords a means of access to adjoining property and which has been dedicated or deeded to the public for public use.
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on an adopted Master Plan or official map forming a dividing line between the street and any lot.
[Amended 2-25-2004 by Ord. No. 04:01]
STRUCTUREA 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.
SUBSTANTIVE CERTIFICATIONA determination by COAH approving the housing element and fair share plan of the Borough in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and COAH regulations, N.J.A.C. 5:91 and 5:92. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions established by COAH.
TATTOO PARLORAn establishment in which people receive permanent decorative tattoos from a tattoo artist.
[Added 3-11-2020 by Ord. No. 20:02]
TEMPORARY SIGNA sign that is intended to be displayed for a limited period of time.
[Added 8-10-2016 by Ord. No. 16:14]
TERRACEA raised level area with vertical or sloping front or sides faced with masonry, turf, or the like.
[Added 9-14-2016 by Ord. No. 16:21]
TERRACESee definition of patio.
[Added 4-13-2016 by Ord. No. 16:01]
TREEAny woody perennial plant with one main trunk, such trunk having a diameter of at least eight inches when measured four feet above the level of the existing grade.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
WALKWAYA ground-level, improved surface directly adjacent to a building or other improved surface that functions to allow pedestrian traffic movement from one improved surface or structure to another.
[Added 9-14-2016 by Ord. No. 16:21]
WAREHOUSE/DISCOUNT CLUBA retail store selling a wide variety of merchandise in which customers purchase large, wholesale quantities of the store's products, and where customers may be required to pay an annual membership fee.
[Added 3-11-2020 by Ord. No. 20:02]
WATERCOURSERivers, streams, brooks, waterways, lakes and all other bodies of water, whether public or private, excluding piped drainage systems, which are contained within, flow through or border on the Borough of Norwood and which receive or conduct surface water runoff.
WETLANDSThose areas that are inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil condition for growth and reproduction. Wetlands include but are not limited to swamps, marshes, bogs and similar areas, such as sloughs, wet meadows, river overflows, mud flats and natural ponds. Wetlands shall include but not be limited to those shown on the United States Department of the Interior Wetland Maps or similar maps published by the New Jersey Department of Environmental Protection.
WHOLESALE OR COMMERCIAL BAKERIESAn establishment engaged in the manufacture of fresh and frozen bread and bread-type rolls and other fresh baked goods primarily for sale at off-premises establishments.
[Added 3-11-2020 by Ord. No. 20:02]
WINDOW WELLAn architectural feature to allow light and air into below-grade windows but not used for egress.
[Added 9-14-2016 by Ord. No. 16:21]
ZONING BOARDThe Zoning Board of Adjustment as continued under this chapter.
ZONING OFFICERThe Construction Official unless otherwise designated by the Borough Council.