A separate, subordinate structure on the same lot with a principal use structure and devoted exclusively to an accessory use.

A use of land or a building naturally and normally incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

A commercial establishment which regularly features sexually oriented entertainment.

A housing project in which a minimum of 90% of the units are occupied by households in which at least one member is aged 55 or older and no member is under the age of 19 and which is in compliance with the requirements of the Federal Fair Housing Act.

Any public or private way less than 50 feet in width between property lines, unless such way existed prior to the passage of this chapter, in which case any public or private way which is less than 30 feet in width and providing a secondary means of public or private access to abutting property and not intended for general traffic circulation.

See "dwelling, multiple."

See "junkyard."

Include any business, service or similar entity that solicits, negotiates or sells bail bonds or is affiliated in any manner with the execution of bail bonds, or the provision of cash bail, credit bail or any similar instruments for a fee or other remuneration.

The portion of a building in which the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building. If the ceiling height averages more than four feet above such grade and has a clear height of six feet six inches or more, such space shall be considered a story.

See "rooming house."

That central portion or area of any lot lying between required yards and/or setback lines.

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person or property.

The vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and ridge) for gable and hipped roofs; and to the deck line for mansard roofs.

The horizontal projection in plan of all covered or roofed areas, whether permanent or temporary. This does not include stoops and terraces which are not covered. In the case of irregularly shaped or placed buildings, "building lines" shall be considered lines parallel to or concentric with lot lines through the nearest covered point of the building.

Retail goods or services for the local business needs and local business consumption.

An activity engaged within a separate and distinct structure or unit for retail trade, finance, insurance, real estate or services (including personal, business, auto, repair, amusement, health, legal, educational, research, engineering, accounting, membership, social services and public administration).

Include any business, service or similar entity, other than a state or federally regulated or chartered bank, savings bank, savings and loan institution, credit union or other financial institution, which performs, as its primary, secondary or accessory purpose, the honoring or cashing of checks, drafts or money orders for a fee or other remuneration.

An activity carried out for pecuniary gain.

That portion of the lot area that is covered by buildings and roofed structures.

A horizontal, platform-type, accessory structure generally located and attached to a portion of a residential or commercial building and utilized for seasonal outdoor activity.

A passageway for vehicle ingress and egress to private property.

That portion of a driveway that lies between the street side of the sidewalk and the curbline or edge or roadway surface.

A passageway for vehicle ingress or egress to two or more parcels of property.

A land site used primarily for disposal by dumping, burial, burning or other means and for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof and other waste, scrap or discarded material of any kind.

A structure or portion thereof which is used exclusively for human habitation.

A one-family dwelling attached to one or more one-family dwellings by common vertical or horizontal walls.

A dwelling which is not attached to any other dwelling by any means.

A building or portion thereof used or designated as a residence for three or more dwelling units.

A building designed for or occupied by one family or dwelling unit.

A building with not more than two dwelling units.

One room or group of interrelated rooms:

One or more persons living as a nontransitory, single nonprofit housekeeping unit as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house.

Any private residence approved by the New Jersey Division of Youth and Family Services or an organization with which the Division contracts for family day-care in which child-care services are regularly provided to no fewer than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:

Agricultural activities or the raising of livestock or small animals as a major source of income and conducted upon a lot or plot in single ownership of not less than five acres in area.

A location at which permanent buildings or structures with enclosed walls, framed roofs and structural footings and foundations are rented or otherwise made temporarily available to two or more persons and at which the persons offer tangible personal property and antique items for sale.

The plan projection of all roofed areas on a lot, whether fixed or temporary, measured to the outside of the exterior walls of all roofed areas multiplied by the number of stories under various roof sections.

In residential buildings, the accessible area enclosed by the inside surface of walls, windows, doors and partitions and having a headroom of at least six feet, six inches, including living, eating, cooking, sleeping, closets and storage spaces but excluding stairwells, basement, utility spaces and interior garages, carports or parking spaces. In nonresidential buildings, the "net floor area" includes storage, as well as selling and utility space.

The gross floor area of all buildings or structures compared to the total area of the site.

A structure which is accessory to a building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.

A building or portion thereof used primarily for the parking or the storage of motor vehicles, conducted as a business.

Any building, premises and land in which or upon which a business or service involving the maintenance, servicing or repair of vehicles is conducted.

An activity carried on for profit or gain in a dwelling unit by a member of the resident family and no more than one additional employee or assistant and as an accessory use in the resident's dwelling which has no external structural evidence of nonresidential use and does not use more than 400 square feet of area devoted to such occupation.

A building used to provide primary health-care services and medical care to persons and including the diagnosis, treatment or other care of human ailments. A "hospital" shall be deemed to include a sanitarium, sanatorium, clinic, convalescent home, nursing home, rest home or other buildings of similar purpose and use.

Any building or portion thereof containing six or more rooms that are rented or hired out for sleeping purposes for compensation, and related eating facilities and common rooms, and so constructed that access to and egress from rooms to the outside is possible only by a common entrance and is licensed by the State of New Jersey.

Any area, lot, land, parcel, building or structure or part thereof, whether inside or outside, for the storage, collection, processing, keeping or abandonment of junk, including scrap metals or other scrap materials, or discarded goods or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

A lot of land or part thereof licensed by the State of New Jersey for disposal by abandonment, dumping, burial, burning, incineration or any other means for whatever purpose of solid waste disposal, such as garbage, offal, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

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

The total horizontal area included within lot lines, excluding any street rights-of-way.

The shortest horizontal distance between the front line and a line drawn parallel to the front line through the midpoint of the rear lot line, provided that in triangular lots having no rear lot line the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersection with the side lot lines.

That portion of a lot extending along a street line. In odd-shaped or triangular-shaped lots, the length of the frontage may be considered to be the same as the lot width except that such length of frontage shall not be less than 1/2 of any minimum frontage herein required and that the actual length of the street line shall be not less than 50 feet.

The mean horizontal distance between the side lines of a lot measured at right angles to the lot depth.

An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

A use or activity which was lawful prior to adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

Any educational institution of learning chartered by the State of New Jersey, or private educational institution normally subject to regulations prescribed by the State of New Jersey, which institution is operated on a nonprofit basis. This definition shall be deemed to include all activities secondary or subordinate to the main activity of any such institution as set forth in its charter.

An interference with the enjoyment and use of property.

An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or reappearing invasion or disturbance of another's right, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as:

A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

A building intended for office use.

Parking area located on property other than that which is the subject of the development application, which is within 500 feet of the subject property and which is the subject of an approved, filed easement.

Any off-street space available for the loading or unloading of goods, not less than 15 feet wide, 45 feet long and 14 feet high, and having direct and usable access to a street or alley, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.

An area, not on a street and at least 10 feet by 20 feet, intended for the parking of a passenger motor vehicle.

A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.

Includes any business, service or similar entity which purchases personal property for cash and for resale; purchases personal property on condition of selling it back at a stipulated price; or loans and advances money upon personal property pledged or deposited as collateral security.

A roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from a building.

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

A dwelling or part thereof in which lodging is provided by the owner or operator to no more than six boarders, with each boarder having his or her own separate sleeping room.

See "townhouse."

Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge.

That activity of a person or corporation who is engaged in the instruction of children or adults for personal gain. Specifically, "commercial schools" include dancing and music schools, auto-driving schools, secretarial schools and business colleges, nursery and play schools, private kindergartens and schools for the development of the skills of the artisan.

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "service station" may include accessory facilities for rendering services such as lubrication, tires, batteries, washing and minor repairs.

A line within any lot, usually marking the limits of a required yard space, parallel to any street line between which line and the street line no building or portion thereof may be erected except as provided in this chapter.

A paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

A visible device, object, display or structure for attracting attention and/or giving information through the use of letters, symbols or any other means, such as models, flags and pennants. Not included or restricted are the flag, pennant or insignia of any nation, state, city or other political unit or temporary signs of any political, educational, charitable, philanthropic, civic, religious or like campaign, drive or event.

A sign concerning objects or matters not directly related to the premises on which it is located; for example, a billboard.

A sign not exceeding one square foot identifying the occupant of a structure or space and his activity.

The entire face of a sign, including the advertising surface and any framing, trim or molding but not including the supporting structure.

A sign that is mounted, painted, or attached to an awning, canopy or marquee.

Any flexible sign supported at its ends, typically by rope or cord.

A sign which directs attention to the business, activity, products, use or other matters concerning the parcel or premises on which the sign is located.

Signs limited to directional messages, principally for pedestrian traffic, such as "one-way," "entrance" and "exit."

Any sign erected, constructed or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial or reading matter, when such a sign is supported by uprights or braces, placed upon the ground and not attached to any part of a building.

A sign that is not permanently affixed to a building, structure or the ground and that is displayed during business hours only. Such sign may be a freestanding A-frame, easel-mounted or temporary hanging sign.

A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. The elements may be internally illuminated or may be illuminated by reflected light, including but not limited to light-emitting diodes (LED) or incandescent. The sign may be part of a permanent sign that is not a programmable electronic sign. A programmable electronic sign is considered a primary sign and may be either freestanding or building mounted. The term "programmable electronic sign" shall also include digital signs, electronic signs, electronic message centers, electronic reader boards and electronic variable message boards.

A sign which is attached directly to the building wall and which extends more than 15 inches from the face of the wall.

A portable sign constructed of cloth, canvas, fabric, drywood or other light material and designed and intended to be displayed for a short period of time, for a special event or reason, located on the property related to the event, and less than 100 square feet in area.

Any sign or poster on any surface or plane that may be painted or affixed to the front, rear or side wall, surface or window of any building and not extending over 15 inches therefrom.

Any permanent or temporary sign that may be painted or affixed to the windows of any building.

A commercial use carried on entirely within a structure which is not used as a residential dwelling. In addition to the proprietor, there shall be no more than one additional employee on the premises at any given time.

The sound pressure level measured in decibels with a sound level meter set for A-weighing; "sound level" is expressed in dBa.

Any warehouse or storage building designed, arranged or intended as an accessory use by a single business establishment, but not necessarily located on the same parcel of land with said business establishment.

A building or part thereof in which or from which merchandise or services are furnished directly to the public.

A building or part thereof where merchandise is displayed for sale and sold at wholesale but where no goods, wares, merchandise or material are warehoused.

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this chapter; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning or Zoning Board[2] and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, Town-owned "streets" shall be classified as follows:

The lines that form the boundaries of a street.

Any change in either the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function or in the dimensions or configurations of the roof or exterior walls.

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land or water.

A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant walls without inner-connecting doors and generally so planned that each unit can be sold on a separate parcel of land.

A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.

The purpose or activity for which land or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.

An open space, as may be required by these regulations, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

A space extending across the full width of the lot and lying between the front or street line of the lot and the nearest wall or part of the building on the lot. The depth of the front yard shall be measured at right angles to the front line of the lot. Setback shall be measured from the right-of-way.

A space extending across the full width of the lot and lying between the rear line of the lot and the nearest wall or part of the building on the lot. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.

An open, unoccupied space between the side line of the lot and the nearest wall or part of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front 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.

The officially constituted body, commonly referred to as the "Board of Adjustment"[3] and established under the ordinance of the Town of Phillipsburg pursuant to the Municipal Land Use Act.[4]

The duly constituted municipal official designated to administer and enforce the Zoning Ordinance of the Town of Phillipsburg and to issue zoning permits.

A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal Zoning Ordinance or variance therefrom duly authorized by the Planning Board or Board of Adjustment.[5]