[1967 Code § 15-1.5; Ord. No. 7-2016; amended 5-22-2023 by Ord. No. 3-2023]
Whenever a term shall be used in this chapter which is defined by N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed in the contents of this chapter. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated. The word "used" shall include the words "arranged," "designed" or "intended to be used." The word "building" shall include the word "structure."
As used in this chapter:
ACCESSORY BUILDINGShall mean any free-standing permanent building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
[Amended 5-22-2023 by Ord. No. 3-2023]
ACCESSORY USEShall mean a use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
APARTMENTShall mean a housekeeping unit, other than a single-family dwelling, designed for and occupied exclusively as a residence for one family.
BED-AND-BREAKFASTShall mean an owner-occupied building designed, used and occupied as a single-family residence which provides overnight lodging and breakfast to preregistered transient guests.
BUILDINGShall mean any structure having a roof supported by walls or columns.
Buildings may be:
a. ATTACHEDShall mean a building which has two party walls in common with adjacent buildings.
b. DETACHEDShall mean a building which has no party wall.
c. SEMI-DETACHEDShall mean a building which has only one party wall in common with an adjacent building.
[Amended 5-22-2023 by Ord. No. 3-2023]
BUILDING AREAShall mean the aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves, gutters and steps, of all buildings on a lot.
BUILDING LINEShall mean the line parallel to the street line at a distance therefrom equal to the depth of the required front yard.
CARPORTShall mean an accessory structure in residential zones at grade level that is roofed, with a minimum of two open sides, and that meets the uses as defined in "private garage."
CLEAR-SIGHT TRIANGLEShall mean the triangular area at a street intersection where vision is unobstructed, which area is formed by the intersecting curblines and a line drawn between points on these curblines 25 feet from their intersection at the corner of the block.
DAY-CARE CENTERShall mean a licensed, principal use for the purpose of providing custodial care of persons, for a period not to exceed 12 hours within a single day, in return for the payment of tuition, fees or other compensation. Day-care may include care of either children or adults who are unable to care for themselves because of diminished capabilities. See also the definition of "family day-care home."
DENSITYShall mean the permitted number of dwelling units per gross acre of land to be developed.
DWELLINGa. MULTIFAMILY HOUSING DEVELOPMENTShall mean a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
b. SENIOR CITIZEN HOUSING PROJECTShall mean an apartment complex of at least 100 dwelling units specifically designed for the needs of the elderly and/or handicapped persons as those terms shall be defined from time to time by the New Jersey Housing Finance Agency and/or the United States of America Housing and Urban Development Agency. The definition shall also include community and recreation areas as an integral part of the project and/or projects which are subsidized by State and/or Federal programs to provide monthly rentals which are affordable to the very least by those on social security income.
c. SINGLE-FAMILYShall mean a building, on a lot, designed and occupied exclusively as a residence for one family.
d. TWO-FAMILYShall mean a building, on a lot, designed and occupied exclusively as a residence for two families.
ELECTRIC SUBSTATIONShall mean an assemblage or equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching, or modifying its characteristics to meet the needs of the general public, provided that in residence districts an "electric substation" shall not include rotating equipment, except as is incidental to the operation of the substation as such, storage of materials, trucks or repair facilities or housing of repair crews.
FAMILYShall mean an individual; or two or more persons 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-housekeeping unit. In each instance the "family" shall be understood to include the necessary servants.
FAMILY DAY-CARE HOMEShall mean an accessory use provided in a private residence approved by the New Jersey Division of Youth and Family Services or an organization which the division contracts for family day-care in which child-care services are regularly provided to no less than three nor more than five children for a period of time of no less than 15 hours per week nor more than 11 hours within a single day. The limitation on the number of children for whom day-care service is provided shall not include children who are legally related to the service provider or who are being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents where no payment for the care is being provided. See also the definition of "day-care center."
FLOOR AREA RATIOShall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
GARAGE[Deleted 5-22-2023 by Ord. No. 3-2023]
GROUP HOMESShall mean the following residences are examples of group homes as referred to in this chapter. Group Homes shall mean:
a. COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESShall mean a community residential facility licensed pursuant to N.J.S.A. 30:11-B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to group homes, halfway houses, supervised apartment living arrangement, and hostels.
b. COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDShall mean any community residential facility licensed pursuant to N.J.S.A. 30:11-B-1 et seq., providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of such community residence housing mentally ill persons, such a residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health Services of the New Jersey Department of Human Services.
c. COMMUNITY RESIDENCE FOR THE TERMINALLY ILLShall mean any community residential facility operated as a hospice program providing food, shelter, personal guidance, and health care services, under such supervision as required, to not more than 15 terminally ill persons.
d. COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEShall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by the New Jersey Department of Human Services, pursuant to N.J.S.A. 30.14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been the victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
HEIGHT OF BUILDINGShall mean the height of a building or structure shall be measured from the ground level to the level of the highest roof thereon. The following structures shall not be included in calculating height: church spires, cupolas, grandstands, chimneys, flagpoles, radio aerials and their supports or, if not occupying an area greater than 25% of the ground area covered by the main building, domes, ornamental towers, observation towers, water towers, penthouses, hose towers and water tanks.
HOME OCCUPATIONShall mean a lawful occupation constituting, either partially or fully, the livelihood of a person which is conducted in that person's principal residence as an accessory use. "Home occupations" are permitted conditionally only when they conform to the appropriate specific standards of this chapter.
HOTEL, MOTEL, OR TOURIST HOMEShall mean a building or group of attached buildings containing more than three rental rooms, with each unit to contain an individual bathroom, and which, in addition, may contain common dining facilities, and meeting rooms.
HOUSEKEEPING UNITShall mean a group of rooms primarily designed for the occupancy of one family and containing at least one bathroom and one kitchen for the private use of one family.
INCLUSIONARY DEVELOPMENTShall mean a residential development in which an equal proportion of all units is reserved for low-income and moderate-income households, as defined by the New Jersey Council on Affordable Housing. For developments in which the units are sold by fee simple, condominium, cooperative or similar form of ownership, the sum of low- and moderate-income units shall be 20% of all apartment and/or townhouse units. For developments in which the units are rented, the sum of low- and moderate-income units shall be 15% of all apartment and/or townhouse units. The proportion of units set aside for low- and moderate-income households may be voluntarily increased by the developer.
LOTShall mean a parcel of land in which a main building and any accessory buildings are or may be placed, together with the required open spaces. The area of a "lot" which abuts a street shall be measured to the street line only.
NONCONFORMING BUILDING OR USEShall mean a building or a use of land or of a building existing on June 8, 1964, which does not conform to the requirements of this chapter.
PARKING SPACEShall mean an open space or a garage or carport, on a lot, used for parking motor vehicles. Such "parking spaces" as may be provided shall not be fewer than that required by this chapter.
PRIVATE SCHOOLShall mean any school other than a public, parochial, trade or business school.
PROFESSIONAL OFFICE OR STUDIOShall mean the office of a doctor, dentist, lawyer, engineer, architect or minister or the studio of a teacher, musician, artist or other practitioner engaged in a profession of similar character to the foregoing. The issuance of a State or local license for any gainful occupation shall not be deemed indicative of such professional standing.
RECYCLING AREAShall mean site allocated for collection and storage of source-separated recyclable materials.
SINGLE AND SEPARATE OWNERSHIPShall mean the ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.
STREETShall mean a public street, road or way which has been dedicated to public use or a private street, road or way which has been approved by Borough Council.
STREET LINEShall mean the dividing line between a lot and the outside boundary of a public street, road or highway legally open or officially plotted by the Borough or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way. Where a "street line" has not been established, it shall be computed as 25 feet from the center of the existing street.
STRUCTURAL ALTERATIONShall mean any change in or addition to the supporting members of a building or structure, such as bearing wall partitions, columns, beams or girders.
TELEPHONE CENTRAL OFFICEShall mean a building and its equipment erected and used for the purposes of facilitating transmission and exchange of telephone or radio-telephone messages between subscribers and other business of the telephone company, but in residence districts not to include public business facilities, storage of materials, trucking or repair facilities or housing of repair crews.
TRAILER OR MOBILE HOMEShall mean a unit constructed and designed to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
TRAILER CAMPShall mean a lot or premises used for occupancy by two or more trailers or mobile homes.
YARDSa. FRONTShall mean the required open space extending along the street address line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters and cornices, and further exclusive of steps not extending more than 42 inches into the required open space.
b. REARShall mean the required open space extending along the rear line of the lot throughout the full length of the lot, exclusive of overhanging eaves, gutters and cornices, and further exclusive of steps not extending more than 42 inches into the required open space.
c. SIDE YARDShall mean the required open space extending along the side line of the lot between the front and rear yards, exclusive of overhanging eaves, gutters and cornices, and further exclusive of steps not extending more than 42 inches into the required open space.
[Amended 5-22-2023 by Ord. No. 3-2023]