A subordinate use or building, the purpose of which is incidental to that of the main use or building and on the same lot.

The level of attention or services an individual receives while recovering from an injury, illness or surgery upon hospital discharge but not rising to the level of long-term care, such as, but not limited to, hospice care, oxygen treatment, wound care, physical therapy and like and similar services.

The designated governmental official or entity charged with administering land development regulations in the Township.

One self-contained residential dwelling unit with a kitchen with cooking facilities and a kitchen sink, complete sanitary facilities, sleeping quarters and a private entrance for the exclusive use of its occupants which is created through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing home or accessory building, to be occupied by a low- or moderate-income household in accordance with the applicable provisions of the Substantive Rules of the New Jersey Council on Affordable Housing (COAH) at N.J.A.C. 5:93-1, et seq. It shall consist of no less than two rooms, one of which shall be a full bathroom. The unit shall be accessory and incidental to the principal single-family residential use located on the same lot.

New Jersey Housing and Mortgage Finance Agency established by L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

Any place or premises where there are more than five amusement machines (as that term is defined by Chapter 86, Amusement Machines). The term "amusement parlor" shall include, but not be limited to, video game arcade or arcade.

Any structure or premises in which animals are boarded, groomed, bred or trained. Animal kennels may include dog runs and pens as regulated herein.

As defined in N.J.A.C. 8:33H, a coordinated array of supportive personal and health services, available 24 hours per day, to residents who have been assessed to need these services, including residents who require formal long-term care. Assisted living promotes resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity, and homelike surroundings.

A residential facility which is licensed by the New Jersey Department of Health to provide apartment-style housing with congregate dining and a coordinated array of supportive personal and health care services and appropriate residential amenities, available 24 hours per day, seven days per week, 365 days per year, to four or more adult residents unrelated to the proprietor. Each apartment unit shall, as part of the living quarters, include, at a minimum, one unfurnished room, one private bathroom, kitchenette and lockable entrance door. Common recreation and laundry facilities, housekeeping and maintenance services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to the facility. An assisted living facility/assisted living residence may offer memory care (as defined in § 430-8) services, provided that the facility has established criteria for admission to and discharge from the program(s) when the resident's needs can no longer be met, based upon a registered professional's assessment of the cognitive and functional status of the resident, or the guidelines set forth and agreed upon in the facility's residency lease agreement.

The open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.

A business, other than an automobile service station, engaged in the maintenance, servicing and repair or vehicles. They can include muffler shops, auto body shops, tire shops, quick lubrication services and other automobile repair services. They may also include the sale of automobile parts, tools and equipment as an ancillary use, but not the sale of vehicles.

An area of land, including structures thereon, that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil and the making of minor repairs, but not auto body work, welding or painting, nor any repair work in the open.

A roof-like cover that may be temporary or permanent in nature and projects from the wall of a building for the purposes of shielding a doorway or window or providing decorative or architectural detail for nonresidential buildings. Unless otherwise specified in this chapter, permanent awnings that can not be retracted shall be subject to the setback requirements of the district in which the building is located.

A sign that is painted or attached to an awning. Awning signs shall be permanent in nature and not retractable.

A portion of the building space having 1/2 or more of its floor-to-ceiling height below the average elevation of the finished grade, measured six feet from every side of the structure of the adjoining ground. A basement shall be considered a building story where 1/2 or more of the floor to ceiling height of the basement is above the average level elevations as noted herein. A garage vehicular doorway at a basement level of a single-family residence, with a capacity of up to two passenger cars and a total horizontal exposed width of no more than 20 feet, is excepted from being defined herein as a story above grade.

Such number of lots in any given block which comprise, include and contain the frontage of lots situated across or opposite the street from a proposed subdivision and which lie within the side lot lines of the proposed subdivisions as projected across such street.

Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room permanent occupancy by a resident or residents other than the property owner. The term "boarding house" shall exclude the following:

An establishment, with license from the state under N.J.S.A. 33:1-10, where alcoholic beverages are brewed and manufactured, served and consumed on the premises, and which is operated in conjunction with a restaurant use. Such uses shall be used principally for the purpose of providing meals to its customers with adequate kitchen and dining room facilities immediately adjoining licensed brewery facilities.

An area either in its natural state or supplemented with evergreen and other suitable vegetation, fences, walls, berms or any combination thereof as approved by the Planning Board or Zoning Board of Adjustment and which is used to physically separate or screen one use or property from another so as to visually shield or block noise or other nuisances. No building, structure, parking area, driveway (except to provide access to property and which is perpendicular to the buffer area), street, sign (except directional signs) or storage of materials may be permitted within a buffer area.

The area of lot covered by all buildings, exclusive of decks and patios. Cantilevers and overhangs are not included in the calculation of building coverage if they do not extend more than two feet from a building and are at least four feet above the grade directly adjacent to the projection. Bay and bow windows constructed no lower than 24 inches from the level of the finished floor of a residential structure and no larger than 16 square feet are not included in the cantilever or overhang restriction noted herein.

The vertical distance measured from the average elevation of the finished grade, six feet from every side of the structure, to the highest point of a flat roof, to the deckline of a mansard roof and to the midpoint below the highest peak on a gable, sloped or hip roof.

An institution or place, whether known as a "child-care or infant-care center," "infant-toddler program," "boarding school or home," "day nursery," "nursery school," "day-care center," "child play or progressive school," "child recovery center" or under any other name, which institution, for compensation or otherwise, receives for temporary custody, with or without stated educational purposes, during part or all of the day but for not less than two hours each day, apart from their parents or legal guardians, six or more children under the age of six.

A building or group of buildings and associated land area in which dwelling units, offices or floor area are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis.

The provision of lodging and nursing, medical, or other related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges. A fee which is less than the sum of the regular periodic charges for one year of residency is not considered an entrance fee.

An activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit, but not a "professional home office" as defined in § 430-59B. A customary home occupation may include, but is not limited to, a home office for personal use by an accountant, architect, dressmakers and tailors, engineer, land surveyor, lawyer, professional planner or other such professions, not including doctors or other medical practitioners, provided that the professional person owns and occupies, as a dwelling, the unit used in the practice of the profession and that the use does not exceed 30% of the floor area of the dwelling. A customary home occupation may also include the individual teaching of music, singing, etc.; individual private tutoring; portrait painting or sculpturing; or contractors using their homes to receive phone calls, provided there is no storage of construction equipment or materials at the property. A customary home occupation may also include a limousine owner using his/her home to make appointments to pick up passengers via telephone and/or electronic mail, provided that such limousine owner does not park more than one nonmodified, standard-sized vehicle bearing a limousine license plate at his/her home.

A digital data repository facility of data servers for an enterprise or various client entities. Such a facility does not include a disaster recovery facility.

A building or structure or part thereof containing one or more dwelling units or lodging units.

A one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located above another unit, each unit has a private garage and each unit is separated from any other unit by one or more common fire-resistant walls.

Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used, for living, sleeping, cooking or eating.

A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, service technicians, maintenance and repair and computer skills training. Such an institution or school does not imply that the subject matter of the training is permitted as a use in the zone, unless specifically noted herein.

Group or one-on-one instruction, including dance, music, and art schools, as well as tutoring and test preparation services, provided in a room or series of rooms. Retail sales of materials directly related to instructional activity conducted on-site may be provided in conjunction with the principal educational instruction use. Educational instruction shall not include recreational instruction, personal services, or educational and vocational training institutions and schools, as defined in this chapter.

One or more persons customarily living together as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a hotel or motel.[2]

The ownership of a complete set of property rights to a particular parcel or property, including subsurface, surface and air rights.

The sum of the gross horizontal areas of the several floors of a building. For the purposes of this chapter, the term "floor area" shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, interior areas devoted exclusively to parking and loading for motor vehicles or to any space where the floor-to-ceiling height is less than seven feet, provided that no more than 15% of the gross area may be reduced for these common area calculations.

That side of a lot abutting a street or public right-of-way.

Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms and utility rooms, and porches. Other rooms or spaces that are not used frequently or for an extended period or that have less than 70 square feet of floor area shall not be considered as habitable rooms.

A sign designed to hang from a building canopy, awning, awning sign or a frame or other mechanical device attached to a building wall and oriented at a ninety-degree angle from the plane of the building facade. Permitted hanging signs and associated design standards for such signs are depicted in Illustration E of this chapter.[3]

As defined in N.J.A.C. 36, any service provided to a resident of an assisted living residence or comprehensive personal care home that is ordered by a physician and required to be provided or delegated by a licensed, registered or certified health care professional. Any other service, whether or not ordered by a physician, that is not required to be provided by a licensed, registered or certified health care professional shall not be considered a health care service.

Facilities and establishments providing support to the medical profession and patients, including medical and dental laboratories, blood banks and miscellaneous medical and surgical supplies and services.

A membership establishment that provides multiple facilities, within one or more buildings on a site, for activities that may include aerobic exercises, running and jogging, weight training and strength conditioning, game courts, swimming facilities, exercise equipment, saunas, showers and lockers. Health clubs may include pro shops as well as instructional programs for members and guests.

A residential setting where a sense of family and community pervades to foster emotional attachment to people and place and in which a resident's preferred lifestyle, habits and use of personal belongings are encouraged and supported.

A building containing individual lodging accommodation units available to transient guests, with each unit containing individual sleeping and bath facilities and each having public access to a common hallway linked to a central lobby area. Permitted accessory uses associated with a hotel include banquet facilities, restaurants, cafeterias, pubs and taverns, newspaper stands, barbershops and beauty parlors, health clubs, swimming pools and conference rooms.

A hotel as defined herein that contains no fewer than 50 guest rooms and a maximum of 199 guest rooms and such indoor accessory uses and amenities as are specified in this chapter.

A geographic area, determined by the New Jersey Council on Affordable Housing, of no less than two nor more than four contiguous whole counties which exhibit significant social, economic and income similarities and which constitute, to the greatest extent practicable, the primary metropolitan statistical areas (PMSA) as last defined by the United States Census Bureau prior to July 2, 1985. The applicable housing region for Parsippany-Troy Hills is the Northwest Region, consisting of Essex, Morris, Sussex and Union Counties.

The percentage of a lot area which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, parking areas, walkways, loading areas, tennis courts, garages, patios, decks and other impervious materials.

A residential housing development in which a substantial percentage of the housing units is provided for a reasonable range of low- and moderate-income households.

A community which provides a living unit chosen by the resident for his or her exclusive use in which the resident can safely live and function independently. The facility can offer a coordinated array of personal and supportive services, available to the resident either 24 hours a day or during clearly designated times defined in the facility's residency lease agreement.

A residential facility which is not licensed by the New Jersey Department of Health, which provides apartment-style housing with congregate dining and a limited array of supportive personal and health care services that do not rise to the level of assisted living, and appropriate residential amenities, available 24 hours per day, seven days per week, 365 days per year, to four or more adult residents unrelated to the proprietor. Each apartment unit shall, as part of the living quarters, include, at a minimum, one unfurnished room, one private bathroom, full kitchen or kitchenette and lockable entrance door. Common recreation and laundry facilities, housekeeping and maintenance services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to the facility.

An exercise facility or fitness center which focuses on the physical, social and mental health of its members. The facility may include an exercise room, whirlpools, racquetball courts, aerobic studio, sauna, Jacuzzi, locker rooms and pro shop, provided that the use of all facilities shall be limited to members which are employees of the corporate facilities within the ROL Zone in which the principal building is located.

An area either in its natural state or lawned and supplemented with landscape plantings and other suitable vegetation which is used to create an attractive green space located along the highway frontage of a nonresidential use. No building, structure, parking area, driveway (except to provide access to the property), street or storage of materials may be permitted within a landscaped green area.

An individual who lives in a limited continuum of care (LCoC) community (as defined in § 430-8).

A separate apartment or dwelling unit where one or more individuals reside within a limited continuum of care (LCoC) community (as defined in § 430-8). LCoC residential units shall house no more than two residents.

A facility which is licensed by the New Jersey Department of Health combining apartment-style independent living residences and assisted living residences (both defined herein) in a homelike environment within a single building, and providing a variety of continuum of care services typical of such residences, as well as acute care services (as defined in § 430-8). Accessory uses typical of independent living residences and assisted living residences shall be for the exclusive use of the LCoC residents, their guests and the staff of the facility. LCoC communities shall not be construed to include continuing care retirement communities, hospice facilities, long-term care facilities, nursing homes/nursing facilities or respite care facilities (as defined in § 430-8 and/or N.J.A.C. 8:33H or 8:36), nor shall they provide services typical thereof.

A residential facility offering an array of personal care, psychosocial, nursing, and other supportive services that are available to people with functional limitations due to chronic, and frequently degenerative, physical or cognitive disorders. Long-term care encompasses a broad spectrum of care that includes ongoing skilled nursing care and subacute rehabilitative services provided by medical professionals.

A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.

Housing which is affordable according to the Federal Department of Housing and Urban Development, or other recognized standards for home ownership and rental costs, and which is occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls.

The Federal Department of Housing and Urban Development uncapped median income by family size for Morris County using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household.

Programs to meet the needs of residents with Alzheimer's disease or other dementias providing individualized care based upon assessment of the cognitive and functional abilities of the participant.

Housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and which is occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls.

A use which shall contain at least 100 sleeping rooms, each having its own bathroom. Such use may also contain meeting rooms, office and temporary office space, restaurants and retail-commercial space.

The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this state.

One that does not comply with the regulations of this chapter for the zone in which it is located.

A facility that is licensed by the New Jersey Department of Health to provide health care under medical supervision and continuous nursing care for 24 or more consecutive hours to two or more patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.

Care provided to individuals who have chronic medical condition(s) resulting in moderate to severe impairments in physical, behavioral, cognitive, and/or psychosocial functioning. The need for nursing home level care and services is determined by a registered nurse and identified in a plan of care, in accordance with N.J.A.C. 8:36-7.1. Nursing home level care includes, but is not limited to, partial or total assistance with activities of daily living (for example, bathing, dressing, eating, toileting, mobility), assistance with self-administering or administration of medications, and provision of treatments and periodic reassessments as directed by the plan of care. It may also include the provision of physiotherapy, occupational therapy, therapeutic counseling, and other rehabilitative services as indicated by the individual's medical condition.

A roofed piazza, porch or porte cochere which projects beyond the main wall of a building into a yard for which the columns supporting the roof shall present a minimum of obstruction to the view and the circulation of air.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

Establishments engaged in providing services involving the personal care of a person, his or her personal goods or apparel, or his or her pet, including the following: hair, skin care, and nail salons; day spas; beauty salons and barbershops; shoe repair; clothing and garment services such as cleaning, pressing, rental, and tailoring; licensed massage or similar therapy; pet grooming; and pet day care. The following uses shall not be considered personal services: educational instruction, recreational instruction, funeral homes or mortuaries, animal kennels, or pet shops.

An open-sided structure attached to a building sheltering an entrance or serving as a semi-enclosed space.

The primary or predominant use of any one lot or parcel.

A building or space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

Any building, premises or land or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit or where any such vehicles are kept for hire.

Group or one-on-one instruction, including yoga, pilates, martial arts, exercise, and personal training studios, provided in a room or series of rooms. Retail sales of goods directly related to instructional activity conducted on-site may be provided in conjunction with the principal recreational instruction use. Recreational instruction shall not include educational instruction, personal services, or health clubs, as defined in this chapter.

The renovation, extension or otherwise expansion of an existing structure. Should less than two exterior walls of an existing structure remain during said alteration, then the alteration shall be considered a new structure.

A service that provides a brief period of relief from caregiving responsibilities for the family members and friends of individuals who require long-term care. It may be offered either on an outpatient basis, for example, in the form of adult day health care, or an inpatient basis, for example, in the form of residential health care.

A business or establishment where food and drink are prepared, served and consumed on premises within an enclosed principal building, including outdoor dining where permitted, and wherein food is served primarily by providing table service. "Table service" is defined as taking customer's orders at tables where they will be served by wait staff. Restaurants may also provide take-out or delivery service in addition to table service. No restaurant shall have any drive-through or walk-up window.

A business or establishment engaged in the sale of pre-prepared or rapidly prepared food or beverages, which are sold directly to the customer in a ready-to-consume state for consumption, either on or off the premises. Such operations shall occur within an enclosed principal building, with or without a drive-through or walk-up window. Fast food restaurants may also provide take-out or delivery service.

A schedule of income limits that define 50% and 80% of median income by household size. When used herein, "Section 8 income limits" shall refer to the uncapped schedule as periodically revised and published by the Federal Department of Housing and Urban Development and adopted by COAH.

A structure or structures containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases to residential and commercial users for varying periods of time. The storage of hazardous and flammable chemicals and explosives are not permitted. The following uses and activities are also prohibited in self-storage warehouses:

A combination of uses that may include retail sales, personal services, educational instruction, recreational instruction, health clubs, restaurants, or eating and drinking establishments, proposed to occupy a tract of land 10 acres or larger and/or proposed to be housed in a building or buildings of 75,000 square feet of gross floor area or larger.

Any dwelling unit, or portion thereof, rented by the property owner, for income-producing purposes, to a person or group for a period of less than 30 consecutive days. Short-term rentals shall not be permitted in any district.

Includes any and all forms of advertisement or display as fully described in Article XXXVIII of this chapter.

That portion of a building included between the upper surface of a floor and the upper surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. There shall be excluded from any such definition that portion of a building which is used entirely for the containment of mechanical equipment and utility service, including heating, ventilating, plumbing and electrical equipment, storage space ancillary to the primary uses in the structure and nonresidential and multifamily garage parking, used for a permitted use solely for the occupants of the premises upon which it is located, for the storage of motor vehicles, except as noted herein.

Any road, avenue, street, land, plaza or other way set aside for common street purposes.

Dwellings developed as a single entity in which individual lots have a common or public open space as an appurtenance.

The area of the lot that lies between a building and the nearest lot line. The minimum required yard depth as set forth in this chapter shall be unoccupied and unobstructed except as may be specifically provided in this chapter. The sketch maps set forth in Illustrations F1 through F4[5] of this chapter illustrate the delineation of yards for measurement purposes and clarification of the Code's intent with respect to yard measurements.