Prospect Park City Zoning Code
PART 1
General Provisions; Definitions
§ 235-101 Title.
This chapter shall be known as the "Land Development Ordinance of the Borough of Prospect Park."
§ 235-102 Purpose.
The purposes of this chapter are to establish a pattern for the use of land and buildings based on the land use element of the Master Plan, to implement the Master Plan and to encourage municipal action to guide the appropriate and orderly development of land in a manner which will promote the public health, safety, morals and general welfare of the people. This chapter is intended to regulate the use of land within zoning districts; secure safety from fire, flood, panic, and other natural and man-made disasters; provide adequate light, air, and open spaces; limit and restrict buildings and structures to specified zones and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes; regulate the bulk, height, number of stories, and size of buildings and other structures; avoid a conflict with the development and general welfare of neighboring municipalities, the county and the state; establish appropriate population densities and concentrations contributing to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment; provide sufficient space for residential, recreational, commercial and industrial uses and open space; encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight; promote a desirable visual environment; promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land; and encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
§ 235-103 Zoning provisions.
The zoning provisions of this chapter consist of text, maps and schedules as set forth herein or referred to herein.
§ 235-104 Rules of construction.
Uses are regulated in the text and on the Schedule of Space Regulations.[1] Some are permitted by right and some may or may not be permitted under certain conditions laid down by the approving authority.
All uses not expressly permitted in this chapter are prohibited.
Any use, building or structure existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform with the provisions of this chapter for the zone in which it is located, except as otherwise specified for nonconforming uses, structures, sites or lots.
Building location and dimensions are regulated by the Schedule of Space Regulations.
All provisions are minimum unless otherwise stated or clearly maximum by context. They apply with equal force to initial construction and subsequent modification or addition.
Related facilities, such as yards and parking, cannot be attributed more than once to structures; e.g., a side yard belongs to the house on its lot and cannot also serve the house on the adjacent lot.
In order to avoid their repetition in the text for each zone, matters pertaining to all zones are covered in individual sections.
It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter. No building permit shall be issued unless the plans are accompanied by an approved zoning permit. No zoning permit shall be issued unless the proposed structure, use, temporary activity, or construction activity is in compliance with this chapter or is a valid prior nonconforming use. In cases involving the new use of an existing structure, no certificate of occupancy for the new tenant shall be issued until a zoning permit has been issued.
Amendments may be made from time to time in accordance with provisions of the statutes.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 235-201 Word usage; definitions.
Scope of meaning of certain terms. Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural; and the plural, the singular.
For the purpose of this chapter, certain terms and words are defined as follows:
The word "shall" is mandatory and not directory; the word "may" is permissive.
The word "lot" includes the word "plot."
The word "structure" includes the word "building."
The term "erected" shall be deemed to include "constructed," "structurally altered," "enlarged" or "moved."
The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design or using the same.
The word "Borough" means the "Borough of Prospect Park, Passaic County, State of New Jersey."
The terms "Mayor and Council," "Land Use Board" and "Zoning Officer" mean the respective Boards and officers of said Borough.
The word "person" shall be deemed to include persons, corporations or partnerships where appropriate.
For the purposes of this chapter, certain words and terms used herein are defined as follows:
The relinquishment of property, or a cessation of the use of property, by the owner or lessee for a period of 12 or more consecutive months.
To physically touch or border upon; or to share a common property line but not overlap. (See also "contiguous.")
A way or means of approach to provide vehicular or pedestrian physical entrance to a property. (See also "driveway.")
A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. (See "accessory structure" and "accessory use.")
A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. (See also "accessory building" and "accessory use.")
A use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use. (See also "accessory building" and "accessory structure.")
An extension or increase in floor area or height to an existing building or structure.
A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
The Zoning Officer of the Borough of Prospect Park.
The traveled way by which cars enter and depart parking spaces.
A service roadway providing a secondary means of access to abutting property and not intended for general circulation.
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as alterations.
A structure utilized by a single homeowner to send and/or receive radio and/or television communications.
See "zoning amendment or Zoning Map amendment."
Antenna used by homeowners to receive radio or television communications.
An independent, self-contained dwelling unit with its own sleeping, sanitary and cooking facilities in a building containing two or more such dwelling units or more than one use.
A building containing three or more apartments or two apartments in the same building with another principal use, including common areas restricted to the use of residents such as laundry rooms, administrative offices, computer rooms, common rooms, vending machines and health clubs restricted to the use of residents.
A person submitting an application for development. (See also "developer.")
The application form and all accompanying documents and exhibits required of an applicant by an approving agency for development review purposes.
A plan that has been granted final approval by the appropriate approving agency.
The board or other legally designated individual or agency that has been charged with the review and approval of plans and/or applications.
A fully dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
A plan drawn by a professional engineer or registered architect to scale showing the exact layout and dimensions of an existing completed structure or building.
Residences for the frail elderly that provide rooms, meals, personal care and the supervision of self-administered medication and may, in addition, provide recreational activities, financial services and transportation for the residents.
See "row house."
That part of a building which is immediately below, and wholly or partly within, the roof framing.
An attic having, within its space, possible floor area with headroom of five feet or greater over 60% or more of the story directly beneath.
A building or portion thereof utilized to produce audio, radio, video or television programs.
Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.
A self-propelled, free-moving vehicle with four wheels, usually used to transport not more than six passengers, and licensed by an appropriate agency as a passenger vehicle.
An establishment engaged in the repair, service, maintenance or painting of an automobile and/or truck body, but not wrecking or salvage.
An establishment wherein the washing of automobiles is performed predominantly by hand, without the use of automated or mechanical equipment.
An establishment wherein automated and/or mechanical equipment is predominantly utilized for the washing of automobiles.
A retail store whose business is the sale of automobile parts and supplies only, and which does not include any repair, service or installation, no matter how minor or infrequent.
An establishment engaged in furnishing automobile repair, service or maintenance, but not including body work or painting.
An establishment whose principal use is the storage of automobiles. Space utilized for the storage of automobiles shall not be considered parking spaces within the meaning of this chapter.
A retail store whose primary business is the sale of automobile parts and supplies, and which provides for the service or installation of such parts on the premises as an accessory use.
A roof-like cover made of canvas or similar material that permanently projects from the wall of a building for the purpose of shielding a doorway or window from the elements, not including a marquee. In residential districts, awnings and canopies shall be deemed structural projections.
See "retractable awning or canopy."
A business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.
See "drive-through bank."
See "drive-through bank."
An establishment which serves food and drink and provides entertainment to paying customers and their invited guests on weddings, bar mitzvahs, birthdays and other similar occasions.
An establishment used primarily for the serving of liquor by the drink to the general public.
A story partly underground but having at least 1/2 of its clear height above the average level of the adjoining finished grade. A basement shall be counted as a story if its ceiling is four or more feet above the average finished grade at its perimeter.
A private room intended or used for sleeping separate from other rooms by a door or other physical barrier.
A mound of earth used to shield, screen and buffer undesirable views.
A sign that directs attention to a business, commodity, service or entertainment conducted, offered or sold at a location other than the premises on which the sign is located.
That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street or railroad right-of-way, park boundary or waterway.
An individual other than a member of a family or household occupying a dwelling unit or part thereof who is furnished sleeping accommodations for a fee and may be furnished with meals and/or other services as part of the consideration.
A dwelling or part thereof in which lodging is provided by the owner or operator to more than one boarder.
The Borough of Prospect Park.
The Clerk of the Borough of Prospect Park.
The Borough Council of the Borough of Prospect Park.
The border or outer physical limit of a lot or property.
An open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed as to provide both a visual and an acoustical barrier between one use or property and another use or property. Within the Q-MR-1 and Q-MR-2 Districts, the buffer area shall remain undisturbed except where allowed by ordinance.
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate buildings.
The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
See "height of building."
A line parallel to the front line and removed from it by the depth of the required front yard.
Written permission or authorization issued by the Zoning Officer for the construction, repair, alteration or addition to a structure or building, or the alteration of a lot or land.
A line parallel to the street line or lot line touching that part of the building closest to that street line or lot line.
See "accessory building."
See "historic or landmark site."
See "principal building."
Any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians, or any mechanical, electronic or other means, such as records, laser discs, audio or videotapes or other audio or audiovisual means; this does include the operation of a motion-picture theater. Also included as entertainment are any act, play, burlesque show, revue, pantomime, scene, dance act or song-and-dance act participated in by one or more employees, guests, customers or any other person or persons. For the purpose of this definition, background piped-in music shall not be deemed as a form of entertainment.
The diameter of a tree trunk as measured from six inches above ground level for trees up to four inches in diameter, and 12 inches above ground level for trunks of trees with diameters in excess of four inches.
See "awning or canopy."
See "sign, canopy."
See "automobile or car wash."
A temporary enterprise offering amusements, entertainment, exhibitions, foods, contests and livestock exhibits, with or without the payment of a fee, admission or subscription. A carnival may also include a fair, rodeo, tent park, amusement trailer center or other similar appellations.
A roofed structure providing space for the parking of motor vehicles and enclosed on two sides or less.
See "banquet or catering facility."
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining finished grade or having less than four feet of clear height above the average level of the adjoining finished grade.
Any use which is different in use classification, as provided for in Part 6, Zoning, of this chapter, from the previous use.
An establishment primarily engaged in the business of cashing of checks for individuals and not offering the full range of financial services normally associated with a bank.
A facility licensed or authorized and regulated by the State of New Jersey where care is provided for three or more persons, whether children or adults, away from their own homes for less than 24 hours per day in a facility which is operated for such purposes, for more than five hours per week. The term "day-care center" shall include, without limitation, qualifying facilities that provide adult day health care or child day care.
See "place of worship."
A nongovernmental use whose affairs relate to the Borough or its citizens, but not including government or municipal uses as defined herein.
See "medical or dental clinic."
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
A form of development that allows the permitted maximum number of dwelling units or gross floor area to be provided on a portion of a lot or property by reducing the applicable dimensional requirements, with the remaining portion of the lot or property devoted solely to open space, active recreation or preservation of environmentally sensitive or constrained areas.
A street that collects traffic from local streets and connects minor and major arterials. (See also "local street" and "minor arterial street.")
A commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation.
See "indoor commercial recreation use."
An educational or training establishment operated for a business, including the instruction of language, dance, fine or applied arts, martial arts, business, computers, trades, vocations, or the like.
Any motor vehicle licensed by the state as a commercial vehicle.
An open space within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
A building used for neighborhood meetings and recreational activities, whether or not on the basis of fees or charges, and exclusive of a building accessory to a church or religious organization.
A plan or sketch for development provided for the purposes of informal review which carries no legal obligations or vested rights on the applicant, the approving agency or any other party.
See "informal review or concept review."
A building or group of buildings in which dwelling units, offices, or floor area are owned individually and the structure, common areas and facilities are owned by the owners on a proportional, undivided basis.
An apartment house dwelling unit which has one habitable floor and which has one means of egress.
An application or plan which meets all of the requirements of this chapter and other applicable requirements of the Code of the Borough of Prospect Park.
A facility for ambulatory elderly residents consisting of apartment units with communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.
Next to, abutting or touching and having a boundary or portion thereof that is coterminous. (See also "abut.")
A retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off-site consumption.
A parcel of land at the junction of and fronting on two or more intersecting streets, which meet or intersect so as to form an interior angle of 135°. (See also "interior lot" and "lot, through.")
The County of Passaic of the State of New Jersey.
An open, unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard. An outer court is a court which has one side facing a street, a front yard or a rear yard and which is surrounded on all other sides by building walls and/or side lot lines. Any other court is an inner court. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous. The width of a court is the dimension parallel to the open side in the case of an outer court and is the least dimension in the case of an inner court. For a court which opens upon a side yard, the measurement at right angles to the side lot line may be measured from the building wall to such side lot line across the side yard. The horizontal depth of a court is the dimension at right angles to its width. For a court which opens upon a rear yard or upon a front yard or street, the horizontal depth may be measured from the building wall of the court to the rear line or front line of the building, and such horizontal depth will not be construed to include the depth of the rear yard or front yard.
See "profile."
A street with a single common ingress and egress and with a turnaround at the end. (See also "dead-end street.")
A stone, concrete or other improved boundary marking the edge of a roadway or paved area.
The opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway.
A street with a single common ingress or egress with no turnaround at the end. (See also "cul-de-sac street.")
An uncovered structure, usually constructed of wood or concrete, extending from the exterior wall of a residential dwelling, no more than three feet above the finished ground elevation of the wall from which it extends. Any such structure which is more than three feet above the finished elevation shall be considered part of the principal structure for purposes of setback. (See also "patio" and "porch.")
A restriction on the use of land as set forth in the deed.
A measure of the permitted dwelling units per gross acre of land to be developed expressed in dwelling units per acre. For example, the maximum number of dwelling units permitted on a specific parcel shall be calculated by multiplying the gross density ratio by the base site area.
See "medical or dental clinic."
See "medical office."
See "lot depth."
The 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. (See also "applicant.")
The 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 pursuant to the Municipal Land Use Law.[1]
See "warehouse and distribution."
An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle.
See "zone or district."
The removal of surface water or groundwater from land or stormwater from roofs or paved areas by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
Premises constructed for the sale of any goods or services by means of curb, window-counter, or self-service, whether to the motoring public.
An establishment where food or drink is served to a customer in an automobile outside the confines of a building for consumption on the premises. (See also "drive-through or drive-thru restaurant.")
A bank where transactions are made to customers within an automobile outside the confines of a building.
An establishment where food is served for immediate consumption outside the confines of a building and where all or part of that consumption occurs outside the confines of the building, off the premises.
See "drive-through bank."
A vehicular way on private property which provides access to a street or highway. (See also "access.")
A retail establishment used primarily for the purposes of picking up or dropping off clothing by customers for dry-cleaning purposes, and in which only those clothes dropped of by the customers at such an establishment and no other are dry cleaned within the premises. (See also "dry-cleaning plant.")
An establishment in which clothing dropped off by customers at the establishment, and from other establishments, is dry cleaned within the premises. (See also "dry-cleaning establishment.")
A building containing dwelling units. The terms "dwelling," "one-family dwelling," "two-family dwelling" or "multifamily dwelling" shall not be deemed to include hotel, motel, rooming house or other accommodations used for more or less transient occupancy.
A building or portion thereof used for living purposes by one family and having cooking and sanitary facilities for its exclusive use.
A building containing one dwelling unit only.
A building containing two dwelling units only.
A permanent right in an individual, the public or other entity to use the land of another for a specific purpose not inconsistent with the general ownership of the property. (See also "right-of-way.")
A retail establishment serving prepared food or drink within an enclosed building for immediate consumption within the building or off the premises, including restaurants, lunch counters, ice cream and pizza parlors, and luncheonettes, which have a customer service area limited to eight seats or space for no more than eight customers to eat within the establishment, but excluding all drive-in or drive-through restaurants, and bars or taverns. (See also "food and beverage store.")
A vertical distance above or below a fixed reference.
See "architectural elevation."
See "grade elevation."
An increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.
A plant with foliage that remains green year-round.
The vertical location above some elevation point of the ground surface prior to excavating or filling.
The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
One or more persons related by blood, marriage or adoption and foster children placed with such persons by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child-care agency and children placed pursuant to law in a group home recognized as such by the Department of Institutions and Agencies in accordance with its rules and regulations; provided, however, that no group home shall contain more than 12 children.
An establishment in which food is preprepared and sold over a counter in disposable containers or wrappers selected from a limited menu for consumption on or off the premises.
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
See "lot, flag or flagpole lot."
That portion of the floodplain as designated by the Federal Insurance Administration or the Federal Emergency Management Agency as constituting particular hazards or risks applicable to the community by reason of flooding.
See "gross floor area."
The quotient of the gross floor area of a building divided by its lot area.
See "mezzanine."
An establishment selling food and beverages to the public, including but not limited to meat, poultry, fish, specialty foods, beverages, candy, nuts, dairy products, health food, liquor and wine, and including convenience stores, delicatessens and bakeries (for sale of goods on premises only), but not including eating and drinking establishments or restaurants.
See "sign, freestanding."
The lot line separating the front of a lot from a street right-of-way. (See also "street line or right-of-way.")
When erected on a plot abutting on two or more streets, the front of a structure is that abutting side which is so designated on the plot plan by the owner.
A space extending the full width of the lot between any building and the front lot line.
That side of a lot abutting a street.
A building used for the preparation of deceased human beings for burial or interment and for the display of the deceased and ceremonies connected therewith before burial or cremation.
See "private garage."
See "public parking lot or garage."
See "automobile repair shop."
See "semipublic parking structure."
A retail establishment providing plants, trees, flowers and other landscaping and gardening materials primarily to the public, including plant nurseries.
An establishment primarily used for the retail dispensing of vehicular fuel and oil to automobiles and the incidental servicing thereof, but not including bodywork or painting.
The use of land, buildings or structures by any department, commission, independent agency or instrumentality of the United States, of a state, county, authority, district or other governmental unit other than the Borough of Prospect Park.
The average ground elevation of the land around the exterior walls of a building or structure.
The percent of rise or descent of a sloping surface, or, where measuring the height of a building, grade is defined as the average ground elevation of the land around the exterior walls of a building or structure. (See also "grade elevation.")
A structure utilized for seed germination and plant propagation through the maintenance of a controlled climate necessary to sustain plant growth otherwise not possible in natural or out-of-door surroundings.
The sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot, excluding basement or cellar areas devoted to parking and mechanical equipment space. All dimensions shall be measured between exterior faces of walls.
See "building, coverage."
See "performance guarantee."
That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
[Amended 12-20-2021 by Ord. No. 2021-15]
See "residential health care facility."
An establishment that provides facilities for physical exercise such as aerobics, running, jogging, weight lifting, game courts, swimming facilities, and accessory saunas, showers, massage rooms and lockers, within an enclosed building or buildings.
An establishment which involves basic processing and manufacturing of materials or products predominantly from extracted or raw materials. (See also "light industrial" and "medium industrial.")
The vertical distance, in the case of flat roofs, to the level of the highest point of the roof (deckline) and, in the case of pitched roofs, to the mean level between the eaves and the highest point of the roof, measured from the average finished grade level at the perimeter of the building. In measuring the height by the number of stories, a basement or cellar shall count as a story if it has at least four feet of clear height above the average level of the adjoining finished grade.
An activity carried out for gain by a resident, conducted entirely within a dwelling unit, which is clearly incidental and secondary to the use of the lot for residential purposes. The term shall not include businesses or occupations such as the operation of a beauty parlor, barbershop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boardinghouse, kennel or stable, massage parlor, dancing instructions, band instrument instructions in group, day-care centers or nurseries, drug counseling centers, antique shops, restaurants, tea rooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades or similar establishments offering services to the general public and veterinary hospitals. (See §§ 235-406D and 235-2402.)
An association of homeowners organized to own, maintain, operate and share the cost of maintaining common facilities and to enhance and protect their common interests.
An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics, and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine in the State of New Jersey.
See "veterinary office or hospital."
A facility offering transient lodging accommodations to the general public wherein all rooms are connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained. Hotels may include but not be limited to related services such as restaurants, meeting rooms or recreation facilities.
See "dwelling unit."
See "parish house."
A family living together in a single dwelling unit, with common access thereto and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
Any permanent structure that becomes part of, placed upon, or is affixed to real estate.
See "off-site improvement."
A building or group of buildings used for recreational purposes and operated as a business and open to the public for a fee, including bowling alleys, skating and roller rinks, pool and billiard halls, indoor rifle and pistol ranges, indoor batting cages, recreation centers, and indoor swimming pools or tennis courts. (See also "recreation use or facility.")
A single indoor retail establishment which is designed, arranged or intended to be used on a permanent basis by multiple vendors.
A tract of land that is planned, developed and operated as an integral facility for a number of individual industrial uses, with consideration to transportation facilities, circulation, parking, utility needs, aesthetics, and compatibility.
See "heavy industrial."
See "light industrial."
See "medium industrial."
A review process undertaken by the Planning Board at the option of the applicant as provided for in this chapter, for the purposes of assisting an applicant to prepare an application for formal submission and to provide direction and feedback on such application, at which no decisions, resolutions or formal actions are taken, and wherein all comments or communications carry no legal obligation or vested rights, nor are binding on any party.
A lot other than a corner lot. (See also "corner lot" and "lot, through.")
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
See "commercial kennel."
An establishment or part thereof equipped and used for experimental study, testing or analysis in a field of science.
The Land Use Board of the Borough of Prospect Park, New Jersey.
Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.
Lawns, trees, plants and other natural materials such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or hotel.
An establishment engaged in light nonnuisance fabrication or the assembly, packaging, storage and distribution of products from finished products or parts. (See also "heavy industrial" and "medium industrial.")
Any form of entertainment which is performed in person before an attending audience.
A building wherein 50% or more of the units or gross floor area is comprised of live/work units. (See also "live/work unit.")
An apartment designed to provide space in which to conduct a business or trade, including offices, studios, crafts workshop area or laboratory space. (See also "live/work building.")
See "loading space or berth."
An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.
See "off-street loading."
A street designed to provide vehicular access to abutting property and to discourage through-traffic. (See also "collector street.")
See "boarding-, lodging or rooming house."
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the lot lines bounding the area expressed in terms of square feet. Any portion of a lot included in a public or private street right-of-way shall not be included in calculating lot area.
The mean horizontal distance between the front and rear lot lines. Where the front property line is an arc of a circle or irregular in shape, the depth shall be the average distance between the front and rear lines.
The boundary line of a parcel of land as shown on a certified filed map, Tax Map or as defined by a field map. A lot line shall not be considered unless legally subdivided or apportioned.
The street line of a lot. On a corner lot, the front line shall be the shorter street line. On a corner lot with equal street lines, or having more than the required lot depth on two or more streets or on a through lot, the owner may elect which street line shall be considered the front lot line.
The lot line which is more distant from and most nearly parallel to the front lot line.
Any lot line which is not a front or rear lot line.
The distance between side lot lines measured along the front lot line, or in the case where side lines are parallel and not perpendicular to the front line or where side lines are parallel and the front line is irregular or the arc of a circle, the width shall be the perpendicular distance between the side lines measured at the minimum required front yard setback. In the case where side lines converge toward or away from the front line, the width shall be measured along a line parallel to the front lot line drawn at a distance equal to the required minimum setback. The minimum required width of a lot at the front lot line shall in no case be less than 50% of the required lot width, but no less than 25 feet in any case.
A lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°.
The area of the lot covered by impervious surface.
A lot which does not meet the minimum lot width requirements and where access from the lot to the public road is by means of a narrow private right-of-way or driveway.
See "interior lot."
See "nonconforming lot."
An interior lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
A security acceptable to the Borough of Prospect Park to assure that necessary improvements installed or completed by a developer will function as required for a specific period of time.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed massage therapist, physical therapist or health professional or barbershops or beauty salons in which massages are administered only to scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
A building for interring the human dead aboveground.
The office of recognized medical practitioners, including but not limited to doctors, dentists, dental surgeons, veterinarians, chiropractors, podiatrists, psychologists, and licensed therapists.
An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not lodged overnight, and are provided treatment not commonly performed in medical or dental offices.
An establishment engaged in the processing, fabrication, treatment, packaging, storage and distribution of predominantly previously prepared materials, or finished products or parts, but excluding basic processing or manufacturing from predominantly new or extracted materials. (See also "heavy industrial" and "light industrial.")
An intermediate floor between the floor and ceiling of any story and covering less than 1/3 of the floor area immediately below. A mezzanine shall not be counted as a story, but its floor area shall be included in the computation of gross floor area.
A facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the dead storage of customers' goods and wares.
Any one of the following as defined herein: automobile body repair shops, automobile rental or short-term leasing establishments, automobile repair shops, automobile sales or long-term leasing establishments, gasoline service stations, automobile storage yards, automobile supply and service stores, automobile washes, convenience stores in conjunction with gasoline service stations, transport service businesses, truck and bus depots, rental, storage, leasing and sales establishments, truck and bus service stations, and repair shops.
A building containing three or more dwelling units, occupied or intended to be occupied by three or more families, each living independently of each other and with their own sleeping, sanitary and cooking facilities. A building containing three or more such families where separation of the units is provided by means of a wall, floor, door or other type of screen or partition, or with a separate outside entrance, or basement access, shall be considered a multiple-family dwelling.
Any use of land, building or structure by the Borough of Prospect Park or an agency thereof.
The lowest point.
See "cabaret or nightclub."
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 district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
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. (See also "nonconforming lot" and "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 district in which it is located by reasons of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
An institution licensed and approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
Improvements to be made off site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
Parking provided for a specific use but located on a site other than the one on which the specific use is located.
Designated areas located adjacent to buildings where trucks may load and unload cargo. (See also "loading space or berth.")
Parking for a motor vehicle not located within a street right-of-way. (See also "on-street parking.")
A room or group of rooms used for conducting the offices of a business, profession, service, industry or government, and generally furnished with desks, tables, files, and communication equipment, including offices of general, business, executive, legal, accounting, architect, planning, engineer, real estate, contractor and employment agencies.
See "medical office."
A building or group of buildings containing offices for use by civic, charitable, philanthropic, fraternal, trade union or veterans organizations, but excluding residential facilities and social welfare facilities such as soup kitchens, emergency or overnight shelters, or the dispensing of medical care or other forms of personal aid.
Parking for motor vehicles located within a street right-of-way. (See also "off-street parking.")
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, occupants and their guests, of land adjoining or adjacent to such open space.
See "common open space."
The keeping of any goods, junk, material, merchandise or vehicles outdoors in the same place overnight or continually for a period of more than 12 hours.
Owner of real property.
A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity, including members of an immediate family. (See also "lot" and "tract.")
The residence of the clergy associated with a place of worship.
A tract of land designated and used by the public for active and passive recreation.
See "aisle or parking aisle."
See "private garage," "semipublic parking structure," and "public garage."
See "public parking lot or garage."
A space conforming to applicable standards of this chapter for the parking of a motor vehicle within a private, semipublic or public parking area.
See "off-street parking."
A level, landscaped or surfaced area directly adjacent to a principal building at grade and not covered by a permanent roof. (See also "deck" and "porch.")
An establishment in which the proprietor lends money on the security of personal property pledged in his or her keeping.
A security that is acceptable to the Borough of Prospect Park to assure that improvements that are required as part of an approved development will be satisfactorily installed or completed.
A use of a building or land that conforms with the provisions of this chapter.
An establishment engaged primarily in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to linen supply, diaper service, beauty shops and barbershops, dressmaker, milliner, tailor shops, watch repair, clothing and shoe repair, laundromats, dropoff laundry and dry cleaners (not including dry-cleaning establishments or plants), nail salons and tanning salons.
A church, synagogue, temple, mosque, or other building or group of buildings which by design and construction are intended for the conducting of organized religious services and accessory uses associated therewith.
An area of a minimum contiguous size and meeting other specific requirements as specified in this chapter, to be planned, developed, operated and maintained according to a plan as a single entity and containing one or more structures or buildings with appurtenant common areas, such as planned apartment complexes, planned cluster developments and planned townhouse complexes.
See "park or playground."
See "lot."
A roofed open area which may be screened but not enclosed by glazing, usually attached to or part of and with direct access to and from a building. Porches are part of a principal structure for purposes of setback. (See also "deck" and "patio.")
The lawful use of a lot, parcel, structure or building existing prior to the time of the enactment of this chapter.
A building in which is conducted the principal use of the lot on which it is located.
The primary or predominant use of any lot, parcel, structure or building.
A structure that is accessory to a residential use which is used for the parking of vehicles, and which is not used by the general public.
A street that has not been accepted by the Borough of Prospect Park or other governmental entity, but which is shown on the Official Map of the Borough of Prospect Park.
A swimming pool located as an accessory use on the same lot as the principal use it serves, is utilized only by the owner or tenants or his or their nonpaying guests.
A drawing or side or sectional elevation showing the vertical elements of a structure from below ground through the top of the structure.
An extension of a building which protrudes or juts out from the vertical plane of the building.
A lot, parcel or tract of land together with the building and structures located thereon. (See also "lot," "parcel" and "tract.")
Any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar services.
An open excavation used for obtaining slate, limestone or other stone building material.
See "antenna, radio and TV."
See "audio, radio, video and television station and studio."
See "amateur radio or TV tower." (See also "wireless telecommunications tower.")
A place designed and equipped for the conduct of sports and leisure-time activities.
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and designed primarily as a temporary living accommodation for recreation, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
That line that is the required minimum distance from any lot line and that establishes the area in which a building must be erected or placed.
The open space between the lot line and the required setback line measured perpendicular to the lot line and within which no structure shall be located except as provided in this chapter.
A home, abode or place where an individual or household is actually living at a specific point in time.
Any use in which one or more dwelling units or residences are present.
An establishment where food and drink are prepared, served and consumed within an enclosed building, and wherein food is served only to be consumed by customers seated at tables on the premises. (See also "eating and drinking establishment," "drive-in restaurant" and "drive-through restaurant.")
See "drive-in restaurant."
See "drive-through restaurant."
See "drive-through restaurant."
See "fast-food restaurant."
An establishment engaged in selling of goods and merchandise to the general public for personal or household use, including automobile parts and supplies (with no service), clothing and shoes, fabrics, curtains, drapes, floor coverings, furniture, lamps, appliances, radios, television sets, computers, electronics, upholstery, china and glassware, luggage and leather goods, antiques, home wares, paint and wallpaper, arts and crafts, candles, records, tapes, videos, musical instruments, pets, books and stationery, flowers, tobacco, drugs, sporting goods, jewelry, sewing machines, photography equipment, keys, cards, gifts, and toys, and including TV, appliance, computer and electronics sales and repair establishments, department stores, variety stores, hardware stores (with products for sale predominantly to the public), interior decorating stores, hobby shops and art galleries.
An awning or canopy that may be retracted by mechanical means so as not to project beyond the front facade of a building.
The line along a mountainside or hillside, which when viewed from any public traveled way or public areas or public open space appears to be the highest elevation of the mountain chain or line of hills and represents a line marking or following that ridge top as it appears when viewed from any public traveled way, public area or public open space.
An easement for ingress and egress, sometimes together with the right to maintain utilities within the easement area. (See also "easement.")
See "street line or right-of-way line."
Any accessory structure capable of receiving and/or transmitting, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit and including but not limited to satellite receivers, satellite dish antennas, satellite disks, direct broadcast systems (DBSs), and television reception only systems (TVROs).
Any place of education or instruction, other than a commercial school, college, university, theological seminary, convent, monastery, day-care center, children's day camp and religious retreat as defined in this chapter.
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. (See also "buffer.")
See "mini warehouse."
The distance between a building and any lot line. When two or more lots under one ownership are used for a single development, the exterior lot lines so grouped shall be used in determining the setback.
A tree with a minimum caliper of three inches, usually deciduous, planted primarily for overhead canopy.
A small, fully enclosed structure for storage. (See also "accessory structure.")
A space extending from the front yard to the rear yard between the principal building and the side lot line.
Any outdoor illuminated or nonilluminated device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information or concepts of any kind to the public, provided that signs described in Chapter 90 of the Borough Code shall not be subject to the provisions of this chapter.
See "billboard."
Any sign attached to any part of a building, as contrasted to a freestanding sign.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises, provided that, at any location where a business sign is permitted, there shall also be permitted a sign containing noncommercial images or messages in lieu of any other images or messages, regardless of whether such noncommercial images or messages relate to activity conducted upon the premises.
Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
Any sign supported by a structure or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Any sign that is used only temporarily and is not permanently mounted.
Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
The remainder of the gross site area after subtracting the area all lands within conservation easements; freshwater wetlands and wetlands transition areas as determined by NJDEP; steep slope areas in excess of 15%; stream encroachment areas as determined by NJDEP; flood hazard areas; and natural preexisting lakes, ponds, and watercourses.
A rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in Part 4 of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
A site plan approval shall not be required for single-family and two-family houses. Building alterations which do not involve a change in use, additional parking, or additional building area shall be exempt. Changes in use which do not require additional parking shall be exempt.
An establishment engaged in the storage of goods, products or materials primarily for business or industrial purposes.
See "outdoor storage."
See "mini warehouse or self-service storage facility."
That portion of a building included between the surface of any floor and the 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. A basement shall be counted as a story if its ceiling is four or more feet above the average finished grade at its perimeter.
The dividing line between the street and a lot.
The minimum distance from a public roadway or driveway from which a building may be located. Within a fee simple subdivision, this setback is typically referred to as the "front yard setback."
A design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marquees, signs and lighting.
A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, which includes but is not limited to buildings, stadiums, platforms, towers, sheds, trailers, storage bins, fences, swimming pools and signs. (See also "building.")
See "accessory structure."
See "nonconforming structure."
The workshop of an artist, sculptor, photographer or craftsperson or a place where radio, television or movies are produced. (See also "live/work unit.")
A structure constructed on the ground consisting of a playing area of whatever consistency used to engage in the game of tennis or other sports. A backstop, consisting of netting, fencing or similar material and designed to prevent the passage of tennis or other balls, shall be considered to be part of the tennis or sports court.
A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances to the public for a fee.
A building containing three or more dwelling units wherein each unit has its own front and rear access to the outside, no unit is located over another unit, and each is separated from the other by one or more common vertical walls. (See also "row house or attached single-family dwelling.")
An area, parcel, site, piece of land or property that is the subject of a development application. (See also "lot" and "parcel.")
A structure which temporarily or permanently stands on wheels and is capable of being towed or hauled by another vehicle and used for temporary or long-term human occupation.
Any tree that has a diameter of 20 or more inches or any tree which is a particularly impressive or unusual example of a species due to the size, shade, age or any other trait that epitomizes the character of the species.
A detached residential building containing two dwelling units occupied or intended to be occupied by two families, each living independently of each other and with their own sleeping, sanitary and cooking facilities.
The specific purpose for which land, building or structure is designed or arranged for which it is or may be occupied or maintained.
A use not permitted within a district. Those uses not permitted by Part 6 of this chapter are prohibited. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those particular uses to avoid doubt or confusion.
The authorization by the Zoning Board of Appeals function of the Land Use Board for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
An office or hospital where animals are given medical care and the boarding of animals is limited to short-term care incidental to the principal use.
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
An establishment used primarily for the storage of goods, products, cargo and materials and/or which receives, stores or distributes such goods or materials by boat, rail, air or motor vehicle.
Any personal wireless services as defined in the Telecommunications Act of 1996[2] which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone services.
Antenna of any type of design, which is or may be used for the delivery of wireless telecommunications, except for those radio antenna, dish antenna, or satellite receiving stations regulated pursuant to Part 6.
The area which houses any combination of WT equipment.
Any building, structure, or equipment, including without limitation transmitters, power sources, or other equipment, except antennas or towers, which are or may be used for the delivery of wireless telecommunications.
Any person, business organization, or other entity of any kind, whether public or private, which seeks to install, operate, or maintain any combination of WT technology within the boundaries of the Borough of Prospect Park, or which already operates or maintains such WT technology as of the effective date of this chapter.
Collectively, refers to all WT antennas, WT equipment, WT equipment compound, and WT towers.
A vertical structure which is or may be used to support any WT antenna or other WT equipment, whether freestanding or attached to any existing structure.
An open space of uniform width or depth which lies between the principal building or group of buildings and the nearest lot line and is occupied and unobstructed from the ground upward except for certain features specified in the Schedule of Space Regulations[3] and, in rear yards only, accessory buildings.
An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
A yard extending across the full width of the lot and lying between the rear line of the lot and nearest point of the principal building.
A yard between the side line of the lot and the nearest point of the principal building and extending from the front yard to the rear yard or, in the absence of either or both such yards, to the front and/or rear lot line, as the case may be. A corner side yard is the yard extending to a corner side lot line and an interior side yard is the yard extending to an interior side lot line.
A specifically delineated area as shown on the Official Zoning Map of the Borough of Prospect Park[4] within which regulations and requirements govern the use, placement, spacing and size of land and buildings.
An alteration of or addition to the text of this chapter or the Zoning Map by the Borough of Prospect Park.
The map or maps which are part of this chapter as set forth in § 235-2202 of this chapter.
An approval issued by the Zoning Officer indicating that the proposed construction work or property development conforms to the requirements of this chapter and any resolutions of approval issued by the Land Use Board.