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Pennsauken Township
City Zoning Code

§ 141-73

Special definitions.

[Added 1-14-1981 by Ord. No. 80-38]
While some of the following words and definitions may apply to other articles of Chapter 141, their primary meaning and usage shall apply to Article VII.
AGRICULTURE
The cultivation of the soil and the raising of plants and other products of the soil, including orchards and plant nurseries, but not including the breeding and raising of livestock and poultry or commercial piggeries as a primary use.
BOARD OF ADJUSTMENT
The Board established pursuant to Section 56 of the Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq., as amended.
BUFFER AREA
An area of land along one or more property lines, extending in depth or width as specified in the zoning district as required in that district, not necessarily corresponding to the depth or width of a required yard, and comprised of grass, ground covers, shrubs or trees, or including all of these, which area may or may not include a screening fence or wall, having as its purpose to provide a device to minimize or diminish the visual impact or sound emanating from an incompatible building, use or activity upon an adjacent or nearby property to such a degree as to be objectionable; it is not the intent of this chapter that a buffer area is 100% impervious to sound or visual penetration, but rather is of sufficient density to divert attention from and to blend with surroundings.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy or use and having a roof.
BUILDING, ACCESSORY
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
BUILDING COVERAGE
The relation of the total ground floor area of all buildings on the lot to the total area of the lot on which they are located.
BUILDING HEIGHT
A building's vertical measurement from the mean level of the ground surrounding and against the building to the highest point of the building structure, excluding chimneys, spires, towers, elevator penthouses, tanks and similar projections, provided that such projections shall not extend higher than 10 feet above the highest point of the roof, unless authorized as a conditional use.
BUILDING LINE
The line which establishes the minimum depth of front yard for the particular district as measured from the street line.
CERTIFICATE OF OCCUPANCY
The certificate indicating that all construction has been completed in accordance with the construction permit and that the building is structurally safe for occupancy; or, in the case of a change in use, that the new occupancy meets all zoning and other applicable regulations, and authorization for an applicant to occupy a building or premises is thereby granted.
CLUB
A building, with or without accessory uses, providing meeting room or recreational facilities for members and their guests of a nonprofit organization, with or without eating facilities and without sleeping accommodations, unless authorized as a conditional use.
COMMON AREA
As applied to shopping centers, the total area that is not designed for rental to tenants and which is available for common use by all tenants and their customers, such as parking areas, loading and unloading or service areas, public rest rooms, landscaped areas and the like, as well as malls and sidewalks.
CONDITIONAL USE
A permitted use in a particular zoning district, but only upon showing that such use in a specified location will comply with the conditions, standards or criteria for the location or operation of such use as contained in the zoning regulations herein and upon the issuance of an authorization therefor by the approving authority.
DENSITY, GROSS
The number of families located within the total area of a site divided by the number of acres within the total area of that site. The total area shall include all bodies of water, all interior streets having right-of-way widths not more than 50 feet, but shall not include streets having right-of-way widths greater than 50 feet, shall include all common open space, easements and parking areas and shall extend to the peripheral boundary lines of the property in single and separate ownership, but shall not include the area of any lands not a part of such ownership even though such lands may be completely surrounded thereby.
DENSITY, NET
The number of a particular type of dwelling units per acre located within only a specified portion of the total area, including yards, driveways, off-street parking areas, easements and the recreation area intended to serve only those occupants of the particular dwelling units within such specified portion, but excluding the areas within all street rights-of-way and any portions of common open space intended to serve other areas beyond the specified portion.
DWELLING
A building designed for and occupied exclusively for residence purposes, excluding hotel, motel, rooming house, tourist or institutional home, residential club and the like.
DWELLING GROUP, MULTIFAMILY
Two or more multifamily dwellings on a single lot.
DWELLING, MULTIFAMILY
A building for residence purposes, not a row-house dwelling, designed for and occupied by three or more families living independently of one another, with or without the provision of meal services for its tenants and guests in a central dining room, but without general meal service for the general public; an apartment house.
DWELLING, ROW-HOUSE
One of a series of three or more dwellings attached side by side in a row, each for only one family, with a common party wall between dwellings, each having direct and independent access to its own front and rear yards, and all such dwellings in the series having identical front yard depths.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling having no party wall in common with an adjacent building; an attached garage shall be an integral part thereof and shall not be deemed an adjacent building unless under a separate ownership.
DWELLING, SINGLE-FAMILY SEMIDETACHED
A dwelling for two families living side by side but independently and separated by a common party wall; a "twin."
DWELLING, TOWNHOUSE
One of a group of three or more attached dwellings, each for only one family and having direct and independent access to their own front and rear yards, but differing from a row-house dwelling in that each dwelling in the group is designed independently as to front yard depth as well as exterior building materials, floor levels and rooflines.
DWELLING, TWO-FAMILY DETACHED
A dwelling for two families living independently of each other with one family living wholly or partly over the other and having no party wall in common with an adjacent building; if wholly one family above the other, this is frequently termed "a duplex" by local custom.
FAMILY
An individual; or two or more individuals related by blood or marriage living together; or a group of individuals of not more than six people not related by blood or marriage but living together as a single house keeping unit on the premises, excluding occupants of a fraternity, residential club, lodge or rooming house. In each instance the family shall include domestic servants living on the premises.
GARAGE, PRIVATE
An accessory building or part of a principal building used for the storage of not more than three privately owned motor vehicles, of which not more than one shall be a commercial vehicle or truck and in which at least 1/2 the space is used by the occupants of the premises.
GARAGE, PUBLIC
A building other than a private garage, one or more stories in height, used solely for commercial storage, service and repair of motor vehicle; a commercial parking garage.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline and other motor-vehicle fuel or accessories and which may or may not include facilities for lubricating, washing or otherwise servicing of motor vehicles but which shall not include painting or body and fender repairs.
GROSS FLOOR AREA
The total area of all floors enclosed within a building or within all buildings in a project, including basements, storage areas, mezzanines, roofed common areas and upper floors, if any, but not including common areas which are not roofed, expressed in square feet.
GROSS LEASABLE AREA
The total area of a building or within a group of buildings in the same project designed for tenant occupancy and exclusive use or all of the area on which a tenant or tenants pay rent, including basements, mezzanines and upper floors, if any, but not including common areas, measured to the center lines of joint partitions and to the outside face of the building, expressed in square feet, often abbreviated GLA.
HOME OCCUPATION
Includes any lawful occupation of a resident of the premises customarily conducted within a dwelling as an accessory use and involving not more than the person who is residing on the premises and one other person and shall include such occupation as dressmaking, millinery and professional offices, including physician, dentist, attorney, insurance broker, architect, engineer and landscape architect, provided that there shall be no evidence of the activity from the exterior of the dwelling; the conducting of a clinic, hospital for humans or animals, barbershop, beauty parlor, kennel, tearoom or uses similar to any of these shall not be deemed to be a home occupation.
HOUSEKEEPING UNIT
A group of rooms designed primarily for occupancy by one family and containing at least kitchen, bathroom and sleeping facilities for the private use of that one family.
HOUSE, ROOMING
A dwelling in which sleeping accommodations are provided for rent to not more than two persons, whether or not the serving of meals is included.
LABORATORY
A building or group of buildings in which are located the facilities for scientific research, investigation, testing, experimentation and development, but not including as a principal use the manufacture of products for sale.
LANDOWNER
The legal or beneficial owner or owners of all the land proposed to be included in a development plan; the holder of an option or contract to purchase or other person having an enforceable proprietary interest in the land included in such development plan shall be deemed to be the landowner for purposes of this chapter.
LOADING SPACE
Space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading of merchandise or materials, which space shall be exclusive of off-street parking space and shall be paved with concrete in accordance with Township specifications.
LOT
A parcel of land in single and separate ownership which is used or occupied by one principal building or use or by a permitted group of two or more buildings having a common principal use, together with permitted accessory uses and such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter.
LOT AREA
The total horizontal area of land lying within the lot lines, provided that, regardless of deed description, the area of any land lying within an existing street right-of-way shall not be deemed to be a portion of the lot area, but the land lying within an easement on the lot shall be deemed to be a part of the lot area.
LOT AREA PER FAMILY
The quotient obtained by dividing the number of acres or square feet in the lot area by the number of families housed on the lot.
LOT, CORNER
A lot at the junction of and abutting two or more intersecting streets or at the point of abrupt change in direction of a single street the interior angle of which change in direction is less than 135º.
LOT, INTERIOR
Any lot other than a corner lot.
LOT LINE
A property boundary line of any lot being held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion which abuts the street shall be deemed, for purpose of this chapter, to be the same as the street line and shall not be the center line of such street or any other line within the street even though such may be described as the lot boundary line in the deed.
LOT LINE, FRONT
The lot line abutting a street and coinciding with the street line on an interior lot, and in the case of a corner lot, whichever street-abutting lot line may be elected by the landowner or person applying for a construction permit.
LOT LINE, REAR
A lot line opposite and most distant from the front long line; if the rear lot line is less than 10 feet in length, or if the lot forms a point in the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to the front lot line and at the maximum distance therefrom.
LOT LINE, SIDE
Any lot line not a front lot line or rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines measured along the building line.
MOBILE HOME
A transportable type of single-family detached dwelling, designed and intended for occupancy as a residence, either temporary or permanent, or as an office, contained in one unit, or in two units designed to be joined to form a single integral unit, and again capable of being separated for repeated relocation, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation, but which must in Pennsauken Township be connected to public sanitary sewerage and public water supply.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning, subdivision or site plan regulations by reason of such adoption, revision or amendment of this chapter.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning, subdivision or site plan regulations by reason of the adoption, revision or amendment of this chapter.
PARKING SPACE
A reasonably level space, available for use for the parking of one motor vehicle, not less than 10 feet wide and 20 feet long, exclusive of passageways, driveways or other means of circulation or access; provided, however, that where the parking is clearly not for the purpose of loading merchandise, the width may be reduced to nine feet when authorized as a conditional use.
PARKING SPACE, ALL-WEATHER
A parking space surfaced to whatever extent may be necessary to permit use under all weather conditions; at least gravel-surfacing.
PARKING SPACE, CURBED
Paved parking space edged with concrete curbing designed and installed to Township specifications.
PARKING SPACE, PAVED
A parking space, including vehicular access thereto, which is paved with asphalt or concrete to Township specifications.
PET
A domesticated animal or bird customarily housed on the premises of a dwelling, excluding farm animals, poultry, reptiles, rodents and occupants of a kennel.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
SALES AREA
The gross leasable area minus the tenant's or shopkeeper's storage area, work areas, rest rooms and loading docks; the area actually devoted to customer use, including counters, shelves and other furniture.
SHOPPING CENTER
Four or more retail establishments on a single lot using common off-street parking space and designed as an integral shopping area.
SIGN
A structure and a land use, a building wall or other outdoor surface or any device used for visual communication, display, identification or publicity and more fully described under § 141-86 of this chapter.
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or bearing members of a building or other structure, such as bearing walls, partitions, columns, beams, girders or any change which could convert an existing building or other structure into a different building or structure or adapt it to a different use or which, in the case of a nonconforming building or other structure, would prolong the life of such building or other structure.
SWIMMING POOL
Any structure or form capable of containing a volume of water in excess of 18 inches in depth and having any horizontal dimension in excess of eight feet measured along the surface of the water at its maximum depth, used for swimming, wading or similar activity, whether above or below ground level.
USE, ACCESSORY
A use subordinate to the principal use of land or of a building or other structure on a lot and customarily incidental thereto and more specifically described in § 141-89H of this chapter.
VARIANCE
Permission to depart from the literal requirements of the zoning regulations of this chapter pursuant to specific provisions of this chapter.
WATER DEPENDENT
Development that must have direct access to the river or stream along which it is proposed in order to function, such as maritime activity, commercial fishing, public waterfront recreation and marinas, provided that the river or stream has the capacity to absorb the impact of the proposed use.
WATER RELATED
Development that benefits economically from direct access to the water of the river or stream along which it is proposed, such as a restaurant or motel, provided that full advantage is taken of the waterfront location.
YARD
An open space on the same lot with a building or other structure or use, unoccupied except for planting, fences or walls, authorized by this chapter, open and unobstructed from the ground to the sky.
YARD, FRONT
A space extending the full width of the lot along and adjacent to the front lot line and extending in depth from the front lot line to the nearest point of any building or other structure or use on the lot.
YARD, REAR
A space extending the full width of the lot along and adjacent to the rear lot line and extending in depth from the rear lot line to the nearest point of any building or other structure or use on the lot.
YARD, SIDE
A space extending the full depth of the lot along and adjacent to the side lot line and extending in width from such side lot line to the nearest point of a building or other structure or use on the lot.
ZONING PERMIT
A document signed by the Construction Official which is required by this chapter as a condition precedent to the commencement of a use or the work of erection, construction, reconstruction, alteration, conversion or installation of a building or other structure, which acknowledges that such use, building or other structure complies with the provisions of the zoning regulations contained in this chapter or variance therefrom duly authorized by the appropriate Township agency pursuant to specific provisions of this chapter.
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Editor's Note: Original § 126-701, Flood risk areas, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).