South River City Zoning Code
§ 350-7
Definitions and word usage.
A.
For the purpose of this chapter, unless otherwise expressly stated, the following terms are to be used and interpreted as defined below. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. Terms used in the present tense include the future tense; terms in the singular number include the plural number and vice versa, except where the natural construction of the writing indicates otherwise; the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "occupied" shall include the words "used," "designed," or "intended to be occupied"; the term "such as" shall be considered as introducing a typical or illustrative example rather than as an entire inclusive designation of permitted or prohibited uses, activities or structures; the term "Board" shall be the Planning Board or the Zoning Board of Adjustment, whichever has jurisdiction in a particular application.
B.
All terms, phrases and/or terms defined in the following documents, as amended, are adopted and included by reference in this chapter unless specifically defined otherwise in this section:
C. ABANDONMENT ABUT ACCESSORY STRUCTURE ADMINISTRATIVE OFFICER ADULT BOOKSTORE ADULT ENTERTAINMENT USE AFFORDABLE ALTERATION AMUSEMENT CENTER APPLICANT APPLICATION FOR DEVELOPMENT APPROVING AUTHORITY/BOARD AREA OF SPECIAL FLOOD HAZARD ASSISTED LIVING RESIDENCE/FACILITY ATTIC AUTOMOTIVE GASOLINE STATION AUTOMOTIVE REPAIR GARAGE AUTOMOTIVE SALES AUTOMOTIVE SALES AND SERVICES AUTOMOTIVE SERVICE STATION BANK BANK, DRIVE-THROUGH BASE FLOOD BASEMENT BILLBOARD SIGN BOARDINGHOUSE BREAKAWAY WALL BUFFER BUILDING BUILDING, ACCESSORY BUILDING COVERAGE BUILDING HEIGHT BUILDING, PRINCIPAL BULKHEAD BUSINESS OFFICE CABLE TELEVISION COMPANY CAR WASH CELLAR CHECK CASHING ESTABLISHMENT CHILD-CARE CENTER CIRCULATION CLUB, FRATERNAL COAH CO-LOCATION COMMON OPEN SPACE COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE COMPLETE APPLICATION CONCEPT PLAN CONDITIONAL USE CONDOMINIUM CONGREGATE CARE FACILITY/LIVING ARRANGEMENT CONSTRUCTION CONVENIENCE STORE CORNER LOT COUNTY PLANNING BOARD COURTYARD CUL-DE-SAC CURB LEVEL DANCE HALL/DISCOTHEQUE DAY-CARE CENTER DAY-CARE CENTER, ADULT DENSITY DEVELOPER DEVELOPMENT DEVELOPMENTALLY DISABLED PERSON DEVELOPMENT REGULATION DORMITORY DRAINAGE DRAINAGE RIGHT-OF-WAY DRIVE-THROUGH USE OR ESTABLISHMENT DRIVEWAY DWELLING DWELLING, ATTACHED DWELLING, DETACHED DWELLING, EFFICIENCY DWELLING, MULTIFAMILY DWELLING, SEMIDETACHED DWELLING, SINGLE-FAMILY DWELLING, TOWNHOUSE DWELLING UNIT DWELLING UNIT DENSITY ENVIRONMENTALLY SENSITIVE AREA ERECT EROSION EXTENDED CARE FACILITY FACADE FAST FOOD FAMILY DAY-CARE HOME FENCE FINAL APPROVAL FINAL PLAT FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING FLOODWAY FLOOR AREA, GROSS FLOOR AREA RATIO FRATERNAL ORGANIZATION FRONTAGE FRONT LOT LINE GARAGE, PRIVATE GARAGE, PUBLIC PARKING GARDEN APARTMENT GASOLINE STATION GENERAL TERMS AND CONDITIONS GO-GO BAR GOVERNING BODY GRADE, FINISHED GROSS DENSITY HOME OCCUPATION HOMEOWNERS' ASSOCIATION HOME PROFESSIONAL OFFICE HOSPITAL HOTEL/MOTEL, EXTENDED-STAY HOTEL/MOTEL, FULL-SERVICE HOTEL/MOTEL, LIMITED-SERVICE IMPERVIOUS (SURFACE) COVERAGE IMPROVABLE INDUSTRIAL PARK INTERESTED PARTY INTERIOR LOT JUICE BAR JUNKYARD LABORATORY LAND LANDSCAPED AREA LANDSCAPING LOCAL UTILITY LOT LOT AREA LOT, CORNER LOT COVERAGE CALCULATION, BUILDING LOT DEPTH LOT FRONTAGE LOT LINE LOT LINE, FRONT LOT LINE, SIDE LOT LINE, REAR LOT, THROUGH LOT WIDTH LOWEST FLOOR MAINTENANCE GUARANTEE MAJOR SITE PLAN MAJOR SUBDIVISION MANUFACTURED HOME or MOBILE HOME MASSAGE PARLOR MASTER PLAN MEDICAL AND DENTAL OFFICE MENTALLY ILL PERSON MINI-MART, GASOLINE STATION MINI-WAREHOUSE or SELF-SERVICE STORAGE FACILITY MINOR SITE PLAN MINOR SUBDIVISION MOBILE HOME MOTEL MULTIFAMILY HOUSING DEVELOPMENT MUNICIPAL AGENCY NIGHTCLUB NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NURSING HOME OFFICIAL MAP OFF-SITE OFF-TRACT ON-SITE ON-TRACT OPEN PORCH OPEN SPACE OWNER PARKING SPACE PARTY IMMEDIATELY CONCERNED PERFORMANCE GUARANTEE PERFORMANCE STANDARDS (STANDARDS OF PERFORMANCE) PERMITTED USE PERSONAL SERVICES BUSINESS PHILANTHROPIC USE PLACE OF WORSHIP PLANNED DEVELOPMENT PLAT/PLOT PRELIMINARY APPROVAL PRELIMINARY PLAT PROJECTION PRINCIPAL BUILDING PRINCIPAL USE PROFESSIONAL OFFICE PROPERTY LINE PUBLIC BUILDING PUBLIC DRAINAGEWAY PUBLIC OPEN SPACE PUBLIC PARKS AND PLAYGROUNDS PUBLIC UTILITY QUASI-PUBLIC RECREATIONAL VEHICLE RECREATION, COMMERCIAL RECREATION, PUBLIC REHABILITATION RESERVE STRIP RESIDENTIAL CLUSTER RESTAURANT RESTAURANT, DRIVE-IN RESTAURANT, DRIVE-THROUGH RESTAURANT, FAST-FOOD RESTAURANT, TAKE-OUT RESUBDIVISION RETAIL[Added 1-25-2021 by Ord. No. 2021-01](1) (2) RIGHT-OF-WAY, PUBLIC ROOMING HOUSE SCHOOL, PRIVATE NONPROFIT ORGANIZATION SCHOOL, PUBLIC SCREENING SELF-STORAGE FACILITY SERVICE DRIVE SETBACK SETBACK, FRONT SETBACK LINE SETBACK, REAR SETBACK, SIDE SEX CLUB SHOPPING CENTER SIGN SIGN AREA SIGN, BILLBOARD SIGN, DIRECTION SIGN, DIRECTORY SIGN, FREESTANDING SIGN, PROJECTING OR OVERHANGING SIGN, REAL ESTATE SIGN, ROOF SIGN, TEMPORARY SIGN, WALL SIGN, WINDOW SINGLE NONPROFIT HOUSEKEEPING UNIT SITE PLAN SKETCH PLAT SPECIAL DISTRICT SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES STORY STORY, HALF STREET STREET LINE STREET, RESIDENTIAL STRUCTURAL ALTERATION STRUCTURE SUBDIVIDER SUBDIVISION SWIMMING POOL, PRIVATE SWIMMING POOL, PUBLIC TATTOO PARLOR (TATTOO PARLOR/BODY-PIERCING STUDIO)(1) (2) TAVERN OR BAR TEMPORARY STRUCTURE TEMPORARY USE TRACT TRAILER HOME TRANSCRIPT USE USE, ACCESSORY USE, NONCONFORMING USE, PERMITTED USE, PRINCIPAL USE, PUBLIC USE, QUASI-PUBLIC USE, RESIDENTIAL VISUAL SCREENING WIRELESS COMMUNICATIONS WIRELESS COMMUNICATIONS ANTENNA WIRELESS COMMUNICATIONS TOWER YARD YARD, FRONT YARD, REAR YARD, SIDE ZONING PERMIT
Unless otherwise expressly stated, the following words and phrases are defined as follows:
The relinquishment of property, or a cessation of the use of property, without the intention to resume by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
To physically touch, border on, adjoin, or be directly across from, or be separated from such a common border by a right-of-way, alley, or easement.
See "building, accessory."
For the purposes of this chapter, the Planning Board/Zoning Board, as the case may be, shall act as administrative officer and shall carry out all duties assigned as such when an application has been submitted to either Board.
An establishment having more than 25% of its stock-in-trade, floor area, or display area used for the sale or rental of books, magazines, publications, tapes, or films that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.
An establishment offering as a substantial portion of its stock-in-trade books, magazines, publications, video- or audiotapes or films, or computer disks, computer games, CD-ROMs and other computer-related media of an explicitly sexual nature or anatomical genital areas or establishment devoted to live entertainment or the showing of films or videos of a sexually explicit nature or anatomical genital areas.
To be within financial means of low- or moderate-income households as provided for by N.J.A.C. 5:94-7.
Any change or rearrangement in the structural parts or in the existing facilities which alter the use of the building or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another. The addition or expansion of dormers is to be considered an alteration. "Alteration" shall also mean to significantly change the appearance of exterior elements of a structure or to change the materials used.
A business establishment utilized, wholly or in part, for the accommodation of six or more coin-operated amusement devices.
A developer submitting an application for development.
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or 27 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-34 or 40:55D-36).
The Borough of South River Planning Board or Zoning Board, when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.).
The land in the floodplain within an area of the Borough subject to a one-percent or greater chance of flooding in any given year.
A facility licensed by the N.J. Department of Heath and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
That part of a building which is immediately below and wholly or partly within the roof framing.
See "gasoline station."
Any establishment offering major motor vehicle repair services which require extensive or prolonged mechanical work, including body or frame work, painting or the dismantling of engines or major components of the vehicle. These establishments may also provide the vehicle maintenance services performed by an automotive service station.
Any establishment selling, renting or leasing new or used automobiles, light trucks, vans, trailers, or recreational vehicles and where no repair or body work whatsoever is performed. Automotive sales uses shall be defined to exclude automotive repair garages and/or service station uses.
Any establishment selling, renting or leasing new or used automobiles, light trucks, vans, trailers, or recreational vehicles and where repair or body work or vehicle washing facilities are incidental to the operation of the new or used vehicle sales.
Any establishment offering minor motor vehicle maintenance services which do not require extensive or prolonged mechanical work. These services encompass oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar equipment, wheel balancing and steering alignment and the replacement of minor mechanical parts.
A freestanding building, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds; main or branch offices of a state or federally chartered banking institution that is open to the public and engaged in deposit banking and that performs closely related functions such as making loans, investments, and fiduciary activities.
Buildings, or portion thereof, which encourage or permit customers to conduct personal financial transactions while remaining in their motor vehicles.
The flood having a one-percent chance of being equaled or exceeded in any given year.
A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6.5 feet.
See "sign, billboard."
Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement (N.J.S.A. 55:13B-3).
A wall that is part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
An open, unoccupied area of land in which no building, parking area or other improvement is located, consisting of trees, shrubs, solid fencing, earth berms, or a combination of all, so installed as to provide both a visual and an acoustical barrier between properties and to create an aesthetically pleasing and attractive view to mask or obscure the use, function or structure located upon the site.
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
The land covered by a building, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the average height between the eaves and the ridge level for gable, hip, and gambrel roofs. Chimneys, spires, water towers, elevator penthouses, tanks and similar projections, other than signs, shall not be included in calculating building height.
See "principal building."
A retaining wall behind which fill is placed, created along a body of water, constructed to separate land and water and establish a permanent shoreline.
See "professional office."
A cable television company as defined pursuant to N.J.S.A. 48:5A-3.
A commercial building or structure, or portion thereof, where vehicles are washed or cleaned with a combination of mechanical devices, automatic or semiautomatic application of cleaner, brushes, rinse water, wax and heat for drying. Car washes may also contain vacuum machines used to clean the interior of vehicles.
A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground with a floor-to-ceiling height of less than 6.5 feet.
An office or other establishment used for the operation of a check cashing business licensed pursuant to P.L. 1993, c. 383. The term "check" shall include a check, draft, money order, negotiable order of withdrawal or any other similar type of negotiable instrument. Not included within this definition are automatic teller machines and main or branch offices of a state or federally chartered banking institution.
A private establishment enrolling six or more children and where tuition, fees, or other forms of compensation for the care of children is charged for providing for the care, supervision, and protection of children, whether or not licensed or approved to operate as a child-care center by the N.J. Division of Youth and Family Services.
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.
A nonprofit corporation, organization or association of persons who are members thereof which owns or leases a building, or part thereof, for use of members or guests. Said clubs or lodges shall have been principally established for the promotion of a common objective and shall be distinctly not considered as a semipublic use under the provisions of this chapter. Food, meals and alcoholic beverages may be served as an incidental function of this use, provided that adequate facilities are present and further that all federal, state and municipal laws are complied with.
The New Jersey Council on Affordable Housing.
The use of a tower or other structure by a person other than the applicant for the purpose of providing wireless communications, without resulting in an increase of the height of the tower or structure.
An open space area 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.
See definition in MLUL; adopted herewith by reference.
See definition in MLUL; adopted herewith by reference.
An application form completed as specified by ordinance and the rules and regulations of the Board and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat, provided that the Board may require such additional information not specified by ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall be deemed incomplete when lacking of any such additional information or any revisions in the accompanying documents so required by the Board. An application shall be certified as complete immediately upon the meeting of all requirements specified by ordinance and the rules and regulations of the Board and shall be deemed complete as of the day it is so certified by the Board for purposes of the commencement of the time period for action by the Board.
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and prepared for informal review to alert applicants to problems and requirements before the submission of a formal development application.
A use permitted in a particular zoning district only upon showing that such a use in a specified location will comply with the conditions and standards of the location of operation of such use as contained in this chapter and upon the approval of the appropriate board.
Ownership of real property, combining ownership in fee simple of a dwelling unit and undivided ownership in common with other purchasers of the common elements in the structure and including the land and its appurtenances, formed under the Condominium Act.[2]
Residential housing that consists of private dwelling units with an individual bathroom and an optional individual food preparation area, in addition to central dining facilities, and within which congregate housing supportive services such as meals, housekeeping, laundering, and personal care are provided.
Any act or progress that requires a building permit and that adds an addition into an existing building or erects a new principal or accessory structure on a lot which is subject to the design standards for the district in which the property is located, and including the construction, erection, reconstruction, alteration, conversion, demolition, removal, repair or equipping of buildings or structures.
A retail establishment generally up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption and which does not include automotive service stations.
See "lot, corner."
The County Planning Board, as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land or development is located.
An open unoccupied space bounded on at least two opposing sides by a building wall but not a front, side or rear yard. "Courtyard" shall apply to multifamily or high-rise buildings only.
A dead-end street with a turnaround at the end.
The grade of the curb in front of the midpoint of the lot as established by the Municipal Engineer.
Any room, place of business or building wherein people assemble for the main purpose of dancing to music emanating from either a live band or entertainment group or a preinstalled audiophonic recording system which dispenses musical renderings over a series of loudspeakers controlled by a disc jockey or other person in charge. Admission can be had either with or without payment of a cover fee and whether such admission can be obtained through the presentation, use or acceptance of a membership card or other contrivance, whether or not said membership card or other contrivance is or may be available to the public generally by purchase or gratuitous act.
Any facility operated for the purpose of providing care, protection and guidance to 10 or more individuals during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day-care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to adults for a full twenty-four-hour period.
Any facility operated for the purpose of providing care, protection and guidance to 10 or more adult individuals during only part of a twenty-four-hour day.
The permitted number of dwelling units per gross area of land to be developed.
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.
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 use of any building or other structure or land or extension of use of land for which permission may be required pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.).
See definition in MLUL; adopted herewith by reference.
A zoning ordinance, land subdivision and site plan ordinance, Official Map ordinance or other municipal regulation of the use and development of land or amendment thereto.
A building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery.
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, erosion and sedimentation.
An establishment that by design, physical features, service or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their vehicles.
A private paved or unpaved space providing vehicular access to the property and parking spaces and which is accessory to the use served.
Any building or portion of a building containing one or more dwelling units which is designed to be and is substantially separate from any other dwelling walls, whether attached or semiattached, or from isolation or detachment of structures, all as defined herein.
A dwelling having two or more party walls in common with another dwelling but which otherwise is designed to be and is substantially separate from any other structures, except accessory structures.
A dwelling having no walls in common with another dwelling and which is designed to be and is substantially separate from any other structure or structures, except accessory structures.
A dwelling unit consisting of a single room or common space, inclusive of bathroom and kitchen facilities.
A building which is used or designed as a residence for three or more families or households living independent of each other except that rooming houses, boardinghouses, hostels, lodging houses, hotels, motels, and dormitories are specifically excluded by this definition as multifamily structures.
A dwelling having a party wall in common with another dwelling but which otherwise is designed to be and is substantially separate from any other structure or structures, except accessory buildings.
A detached residential building containing one dwelling unit only and not occupied or designed for occupancy by more than one family or household unit and having separate rooms for living, sleeping, cooking, and sanitary facilities, entirely surrounded by open space on the same lot. The dwelling may have more than one kitchen.
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 vertical common fire-resistant walls.
A building or portion of any building designed, arranged or used for permanent living quarters for one or more persons living as a single housekeeping unit with cooking and bathroom facilities but not including hotels or other buildings for transient quarters.
See "density."
Areas which include but are not limited to stream corridors and floodplains, streams, bodies of water, wetlands (as defined by NJDEP), slopes greater than 10%, shallow depth to bedrock (less than two feet), high acid or erodible soils (as defined by the SCS), mature stands of trees, aquifer recharge areas, aquifer discharge areas, unique natural features and wildlife habitats or such areas as may be so designated by federal, state or county agencies of jurisdiction.
To build, construct, attach, alter, relocate or affix and includes the painting of signs or displays on the exterior surface of a building. Excavations, fill, drainage and the like shall be considered a part of erection.
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
The total wall surface, including door and window areas, of a building's face extending from grade to top of the parapet, wall, or eaves and the entire width of the building. Each wall surface shall be considered a separate facade.
See "restaurant."
See definition in MLUL; adopted herewith by reference.
An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials.
The official action of the municipal agency taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
The final map of all or a portion of a subdivision or site plan which is presented to the Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer, in the case of a subdivision.
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the Borough.
The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
A general and temporary condition of partial of complete inundation of normally dry land areas from:
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than 0.2 foot.
The floor area within the perimeter of the outside walls of the building or structure under consideration, including areas used for human occupancy in basements and attics, without deduction for hallways, stairs, closets, thickness of walls, columns or other features, but excluding rooftop penthouses containing mechanical equipment. It does not include cellars, unenclosed porches, or attics not used for human occupancy.
See definition in MLUL;[3] adopted herewith by reference.
A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements.
The side of a lot abutting the street. For corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
The line separating the lot from a street and/or street right-of-way. (Special definitions may apply if there is no access to a public street.)
An accessory building or part of a principal building used only for the storage of motor vehicles as an accessory use. In a residential zone, a garage is intended for and used for storing privately owned motor vehicles, boats and trailers and personal belongings of the family or families resident in the principal residential use on the lot.
Any building which is used for commercial purposes and is used only for the storage of motor vehicles and is available to the general public.
A group of architecturally harmonious multifamily dwellings in which there are no more than 2 1/2 habitable stories above curb level.
Any establishment, including any area of land or structures thereon, offering motor vehicle refueling services.
The conditions under which preliminary approval is granted, including zoning plat details, improvements, off-site improvements and design standards
Any building or place of business which offers alcoholic beverages, beer or wine for sale and allows consumption of alcoholic beverages, beer or wine on the premises and which also provides entertainment wherein a male or female dances while clad in a minimal amount of clothing, for the entertainment of patrons.
The Mayor and Council of the Borough of South River.
See definition in MLUL; adopted herewith by reference.
The total number of dwelling units existing or permitted on a housing site divided by the total area of the tract. The result is expressed as dwelling units per acre.
Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling and in connection with which there are no displays or commodities sold upon the premises, and which does not alter the exterior of the property. Beauty shops, barbershops and similar services shall not be included in this definition.
A community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
An office of a member of a recognized profession providing professional services on an appointment-only basis in his place of residence. The issuance of a state or local license for regulation of any gainful occupation shall not be deemed indicative of the occupation being classified as a recognized profession under the terms of this chapter. Recognized professions shall include only medical care for human beings; the clergy; architecture; engineering; law; accounting; planning; or similar professional occupations which may be so designated by the Planning Board upon finding both of the following: that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that such occupation serves clients on an appointment-only basis as opposed to serving a walk-in-off-the-street clientele. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing studios, real estate offices, convalescent homes, mortuary establishments and trades or businesses of any kind not herein expressly permitted shall not be deemed to be professional uses.
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, surgery and care are performed under the direction of persons licensed to practice medicine or osteopathy in the State of New Jersey and which conform to the revised standards for hospital facilities as adopted by the State of New Jersey.
A limited-stay hotel containing furnished rooms with refrigerator, cooktops, microwave ovens, dishes, and washers and dryers on the premises rented out to be occupied for sleeping purposes by transient guests who have their residence elsewhere and do not use as a permanent address. The extended-stay facility is for transients staying five or more days, with an average of seven to 10 days, and may contain a variety of room types, including studio and one- and two-bedroom suites.
A building containing furnished rooms without kitchen facilities rented out to be occupied for sleeping purposes by transient guests who have their residence elsewhere and do not use for a permanent address. A general kitchen, dining room or meeting room may be provided within the building or as an accessory building, Customary hotel/motel services must be provided, such as but not limited to maid services, the laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture. Full-service hotels always contain restaurants and possibly a bar or lounge with entertainment, personal services, health club and retail stores.
A building containing furnished rooms without kitchen facilities rented out to be occupied for sleeping purposes by transient guests who have their residence elsewhere and do not use for a permanent address. A general kitchen, dining room or meeting room may be provided within the building or as an accessory building, Customary hotel/motel services must be provided, such as but not limited to maid services, the laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture. A limited-service hotel does not provide any restaurant or food service or recreational facilities.
The area which is improved and overlain by structures and/or materials which results in the reduction and/or prevention of absorption of water into the ground. It includes surfaces such as conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, and other similar structures.
Land which is not prevented from having buildings, pavement or decking constructed on it due to development restrictions intended to protect environmental features such as wetlands, floodplains or water bodies.
A planned, coordinated development of a tract of land developed according to a comprehensive plan to provide two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.) or whose rights to use, acquire or enjoy property have been denied, violated or infringed by an action or failure to act pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.).
A lot bounded by a street on one side; any lot other than a corner lot.
Any building or place of business which does not offer alcoholic beverages, beer or wine for sale and which also provides entertainment.
An area, lot, structure, or part thereof, used primarily for the collecting, storage, sale, buying, trading, or abandonment of any refuse and/or discarded materials, or the collecting, auctioning, dismantling, demolition, salvaging, cannibalizing, abandonment or processing of structures, automobiles, or other vehicle equipment and machinery, or parts thereof, with the deposit of domestic, commercial, industrial or sanitary wastewater or garbage excluded. For purpose of this chapter, the use of more than 400 square feet of the area of any lot for the storage, keeping or abandonment of junk, scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles not in operating conditions or other vehicles or machinery or parts thereof, which is not accessory to a permitted use, shall be classified as a junkyard.
A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
Includes improvements and fixtures on, above or below the surface.
Areas containing trees, shrubs and ground covers, unpaved 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.
Changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation. The term includes lawns, trees, plants, and other natural materials, such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains, and pools.
Any sewerage authority created pursuant to the Sewerage Authorities Law (N.J.S.A. 40:14A-1 et seq.), and utilities authority created pursuant to the Municipal and County Utilities Authorities Law (N.J.S.A. 40:14B-1 et seq.), or any utility authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the New Jersey Revised Statutes that provides gas, electricity, heat, power, water or sewer services to municipal residents thereof.
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the lot lines bounding the area and shall be expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
At the junction of and fronting on two or more intersecting streets when the interior angle of intersection does not exceed 135°. All lot lines that front on a street shall be considered front lot lines. There shall be no side lot line on the side of a building fronting on a street. The lot line or lines generally parallel to the rear of the building shall be considered the rear lot line or lines. In the case of a building facing toward the interior angle, rather than solely on one street frontage of the other, there shall be no side lot lines, and any lot lines other than those considered front lot lines shall be considered to be rear lot lines. Corner lots shall provide the minimum front yard setback for the respective zone for all intersecting streets, with the exception of lots with a fifty-foot frontage, where one of the front yard setbacks may be reduced to 15 feet. Residential corner lots on collector, major or arterial streets shall have driveway access only to the street of lesser traffic classification.
Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.
The shortest horizontal distance between the street line and the nearest part of the rear lot line. The greater frontage on a corner lot shall be its depth.
The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 60% of the required minimum lot width.
The boundary line of a parcel of land as shown on a certified filed map or as defined by a filed map, or both. A lot line shall not be considered unless legally subdivided.
Any line sharing commonality and coexistent with a street right-of-way line. All lot lines coincident with street right-of-way lines shall be considered front lot lines.
Any lot line other than a front or rear lot line.
Any lot line, other then a street line, which is parallel to the front line or within 45° of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot which constitutes the rear lot line of an adjacent zoning lot. Lot lines for unusual lot configurations may be determined by the Director of Planning.
A lot running through from one street to another along two more or less parallel public streets or streets that do not intersect at the boundaries of the lot.
The straight and horizontal distance between side lot lines at setback points on each side lot line measured at equal distance back horizontal from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall be not less than 60% of the required minimum lot width. The lesser frontage of a corner lot shall be its width.
The lowest floor of the lowest enclosed area (including basement) of a structure.
Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
A development plan of one or more lots which proposes new development on five acres or more; involves planned development or any new street or extension of any off-tract improvement which is to be prorated pursuant to § 295-42, Off-tract improvements.
Any subdivision not classified as a minor subdivision. In addition, any proposed subdivision which would otherwise qualify as a minor subdivision shall be classified as a major subdivision if the subdivision under consideration represents a further subdivision of an original tract of land for which previous minor subdivision(s) has been approved by the Board within the past three years. The original tract of land shall be considered any tract in existence at the time of the adoption of this chapter.
See definition in MLUL; adopted herewith by reference.
An establishment or place of business primarily engaged in providing body massage by persons who are not licensed by the State of New Jersey as physical therapists or other similar professions.
A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to Article III of the Municipal Land Use Law.
Any place used for the administering of medical or dental treatment free, or any place used as an inpatient or outpatient medical or dental treatment center wherein certain medical or dental conditions and disorders are treated primarily through surgical intervention that is commonly performed in normal, private medical or dental practice.
See definition in MLUL: adopted herewith by reference.
A facility located on the same lot and as an accessory to a gasoline station, that also offers for sale prepackaged food items and tangible consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverages, and pastries may be included in the food items offered for sale, but food items that are prepared or individually proportioned on the premises shall be prohibited.
A building or group of buildings that have controlled access and security within a compound containing various sizes of structures which are compartmentalized and/or controlled access stalls and/or locker areas for lease to or rent to individuals for storage of goods within a building or buildings.
A development plan of one or more lots which proposes new development less than five acres, does not involve planned development or any new street or extension of any off-tract improvement which is to be prorated pursuant to this chapter, and contains the information reasonably required in order to make an informed determination as to whether the requirements of Article IV of Chapter 295 have been met.
A subdivision of land that does not involve the creation of more than three lots, a planned development, and new streets or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 295-42. Only one minor subdivision shall be permitted on one parcel of land during any twelve-month period.
See "manufactured home."
See "hotel/motel."
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.
Refers to either the Municipal Planning Board or the Zoning Board of Adjustment or the governing body when acting pursuant to the Municipal Land Use Law, depending on which Board has the reviewing authority. The word "agency" shall mean "municipal agency."
A commercial establishment serving alcoholic beverages for consumption on the premises and in which dancing is permitted and includes the term "cabaret."
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance 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.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance 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.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance 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.
A facility licensed by the state for five or more convalescent or aged people, which may include kitchen facilities, recreation areas and similar necessary adjunct uses for patient care.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street right-of-way.
Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way.
A roofed structure supported by columns but having no side walls which projects beyond the main walls of a building.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
Any person, agent, firm, corporation, or partnership that alone, jointly or severally with the others 1) has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof, or 2) has charge, care or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the Recorder of Deeds of the county to be the owner of a particular property shall be presumed to be the person in control of the property.
An off-street space available for the parking of a motor vehicle, which shall be held to the area and dimension requirements specified in this chapter.
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-11).
Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic materials, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality; required by applicable federal or state laws or municipal ordinances; required by the Borough Engineer specifically pertaining to design and construction of all facilities in a first-class manner.
A use by right which is specifically authorized in a particular zoning district, subject to the restrictions applicable to the zoning district and without the need for special administrative review.
An establishment or businesses which provide services of a personal nature, such as hair care, nail and skin care, tanning salons, and other similar types of services. The term "personal services business" specifically excludes tattoo parlors, massage parlors and check cashing establishments.
Those active services or functions exclusively devoted to the active effort to promote human welfare, maintained or supported by act or gift or organized nonprofit distribution of funds.
A structure owned and/or used by a religious organization for worship, religious training, or education; may include, in addition to the principal structure, accessory structures and/or dwelling units for religious organization personnel located within an accessory structure that is use primarily for religious training or educational purposes. This definition includes the terms "church," "synagogue," "temple," "mosque," or other facility that is used for prayer by persons of similar beliefs.
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to this chapter prior to final approval, after specific elements of a development application have been agreed upon by the municipal agency and the applicant.
The preliminary map, with supporting documentation, indicating the proposed layout of the subdivision or site plan which is submitted to the municipal agency.
An extension of a building which protrudes or juts out from the vertical plane of the building not more than two feet.
A building in which is conducted the primary use of the lot on which it is located.
The main or primary use of land or structures as distinguished from a secondary or accessory use.
The office of a member of a recognized profession maintained for the conduct of that profession.
A lot or parcel line that defines the limits of ownership for a piece of property; a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
Any building or structure or part thereof owned, leased, or managed by any branch of government or any of its departments, divisions, bureaus, boards, councils, authorities or other agencies.
See definition in MLUL; adopted herein.
An open space area conveyed or otherwise dedicated to the municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.
A noncommercial, not-for-profit facility, designed to serve the recreation, either active or passive, needs of the residents of the community and made available to the public. This definition may include public school and public institution ball fields, if they meet the above definition.
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
Private organizations and groups of a fraternal, church or charitable nature.
Any building, structure, or vehicle designed and/or used for living or sleeping and/or used for recreational purposes and equipped with wheels to facilitate movement from place to place, and automobiles when used for living or sleeping purposes and including pickup coaches (campers), motorized homes, boats, travel trailers, and camping trailers not meeting the specifications required for a manufactured home or a mobile home.
Recreation facilities operated as a business and open to the general public for a fee.
Recreation facilities operated as a nonprofit enterprise by the Borough, other governmental entity or any nonprofit organization and open to the general public.
The repair, renovation, alteration or reconstruction of any building or structure; or the renovation of a previously deficient housing unit, which is occupied by a low or moderate-income household, to meet municipal or other applicable housing code standards as further described in N.J.A.C. 5:94-4.2(b)3.
A privately owned strip of land of less than the lot depth required by the Zoning Ordinance and bounded on one side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.
An area to be developed as a single entity according to a plan containing the residential housing units which have a common or public open space area as an appurtenance.
An establishment regularly and primarily used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business except such as is incidental to such establishment is conducted, wherein the food and drink are consumed within the principal building. Such uses shall not be interpreted to include and are hereby defined to exclude drive-in, drive-through, take-out, and fast-food restaurants or other similar uses.
An establishment where patrons are served food, soft drinks, ice cream, and similar confections inclusive of refreshment stands, commonly called "snack bars," "dairy bars," "hamburger stands" or similar uses, where customers and patrons are served food, soft drinks, or ice cream primarily for their immediate consumption outside the confines of the building or structure in which the business is conducted thereto, seats or other accommodations as provided for their patrons.
An establishment that by design, physical facilities, service, and/or packaging procedures encourages and permits customers, being located in a designated drive-through lane, to receive quick food service using a window or series of windows while remaining in their motor vehicles. This is accomplished through a limited menu of items prepared and held for service or prepared quickly and generally served in disposable wrapping or containers.
A restaurant which may or may not have tables but which is essentially designed to dispense quick, ready-made food of a limited variety. The patron obtains food directly from the dispensing counter for consumption on or off such premises.
An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
See definition in MLUL. Adopted herewith by reference.
Any use or establishment, generally open to the public, primarily engaged in the sale, resale, or rental of merchandise, or provision of personal services, most often to individuals or households. The term "retail" shall be broadly defined to contain all types of retail stores serving a widely distributed clientele and shall include, but shall not be limited to, the following: sale of any type of merchandise, convenience stores, supermarkets, discount stores, warehouse clubs, food stores, drug stores, liquor stores, hardware stores, bakeries, jewelry stores, clothing stores, department stores, automotive sales, lumber and building materials, office supplies or furniture; or provision of personal services involving the care of a person or of his/her property, including, but not limited to: laundry services, dry cleaning, tailors, household item repair shops, beauty salons, barbershops, auto washing and detailing, drive-through auto care, urgent-care facilities, veterinary care, pet grooming salons, pet boarding, hotels/motels, extended-stay facilities, self-storage facilities, rental of vehicles, rental of clothing, rental of equipment, home improvement product showrooms, museums, theaters, amusement and recreation, spas, health clubs, gyms, personal training, dance/karate/yoga/art/music studios, professional training schools, bank branches, real estate sales, and sales of personal financial/insurance/investment products and services.
Retail sales shall include by definition and permit incidental assembly, repair, service, or provision of similar services which are generally accessory to the sale of goods, and which are necessary to provide a finished good for sale, or to maintain personal property.
A boardinghouse wherein no personal or financial services are provided to the residents. (N.J.S.A. 55:13B-3)
Providing regular instruction in academic and/or religious subjects from kindergarten through Grade 12 during a normal school year; offering a diploma, degree or certificate subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by private funds and/or nonprofit quasi-public agencies, administered supervised and directly affiliated with an exempted nonprofit religious and/or cultural organization. This shall not include a commercial or adult school or college giving special or limited instruction such as but not limited to business, art, music, dancing or a nursery school.
Any school operated under the administrative authority of a duly constituted state, county, regional or municipal Board of Education providing regular instruction of subjects from kindergarten through Grade 12 of a normal school year; offering a diploma, degree or certificate subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by public funds.
A visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object area by the general public.
See "mini-warehouse or self-service storage facility."
A roadway at least 22 feet in width which provides common access to two or more uses and, where adjacent to a public right-of-way, is separated from that right-of-way back by a planting strip at least five feet wide.
The minimum horizontal distance between the street, rear or side lot lines and the closest part of any building. The term "setback" is synonymous with "required setback" and means a line beyond which a building is not permitted to extend. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining setbacks. The front setback shall be measured from any future right-of-way line as adopted in the Master Plan.
A setback extending across the full width of the lot between a front lot line and the foremost point of any structure, excluding steps.
A line established within any building lot that is parallel to any street line or property line, on the horizontal plane, and perpendicular to any street line or property line on the vertical plane, between which no building or portion thereof may be erected.
Extends across the full required width of a site, the depth of which is the minimum horizontal distance between the rear property line and the building line, except that on a corner lot the rear yard shall extend only to the required front setback line offset dimension to the street line.
The minimum required horizontal distance between the required front setback to the required rear setback.
A public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part, of direct sexual contact between and among the patrons. Notwithstanding the fact that the owners or operators of a sex club contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a member from anyone else who seeks admittance to the premises.
A group of commercial establishments planned, developed and managed as a unit in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.
Any structure, or part thereof, or any device attached to a structure which shall display or include any letter, work, model, banner, pennant, flag, insignia, device, or representation used as, or which is in the nature of, an announcement, direction or advertisement. A sign includes every billboard, ground sign, wall sign, roof sign, sign painted on the exterior surface of a building structure, illuminated sign, projecting sign, temporary sign, awning and canopy sign, and any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person, firm, or corporation when the same is placed out of doors in view of the general public. A sign does not include the flag, pennant, or insignia of any nation, group of nations, or of any state, city, or political unit.
The maximum projected area of the shape which encloses the sign, device or representation. In the case of lettering attached to building facades, the sign area shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.
Any notice or advertisement, pictorial or otherwise, used as an outdoor display not related to a use on the lot, regardless of its size or dimension.
Signs limited to directional messages such as "one way," "entrance," and "exit" and upon which no logo, advertisement or other identification is placed.
A sign, other than an identification sign, listing the names, uses, tenants, occupants, or locations of the various businesses or activities conducted within a building or group of buildings, that is centrally located and intended to provide on-site directions.
A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
A sign attached to and perpendicular to an exterior wall of a building which overhangs the street right-of-way.
A sign attached on a roof that projects higher than the highest part of the building; also includes signs inscribed or painted on a roof.
A sign, poster, handbill, circular or paper which is in any way attached to any pole, tree, sign or other stationary object or structure, or which is freestanding, which is intended to advertise a specific community or civil event such as, but not limited to, fairs, carnivals, concerts, charitable functions, garage sales or auctions or any political campaign, candidate or event.
A sign mounted flat against and projecting less than four inches from, or painted on the wall of, a building or structure with the exposed face of the sign in a plane parallel to the face of the wall. This does not include window signs.
A sign mounted flat against a glass window which does not exceed 15% of the total window area. Temporary community-related posters are not included in the fifteen-percent calculation.
One or more persons living together in one dwelling unit sharing living, sleeping, cooking and sanitary facilities on a nonseasonal and nonprofit basis. Such living arrangements must comply with the space-related occupancy limitations set forth in the Property Maintenance Code of the Borough,[4] including but not limited to sleeping and bathroom facilities and minimum amount of habitable floor area per occupant.
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informal determination pursuant to this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the sketch plat detail requirements of this chapter.
A district established to accommodate a narrow or special set of uses or for special purposes. The term can signify any district beyond the conventional residential, commercial, industrial, and agricultural districts.
Less than completely and opaquely covered human genitals, pubic area, buttocks, female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic areas, buttocks or female breasts.
The portion of a building included between the upper surface of a floor and the upper surface of the floor or the roof next above it. Underground space shall be considered a story when the upper surface of the floor next above is more than six feet above the adjacent ground elevation at any point.
That portion of a building under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more then two feet above the floor of such story. A cellar shall also be included as a half story.
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 pursuant to law 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 Board and the grant to such Board 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.
The line determining the limit of the highway rights of the public, either existing or contemplated. "Street line" and "right-of-way line" are synonymous.
A street, or portion thereof, which is located in a residential zone.
Any change in or rearrangement of the supporting members of a building or structure, such as walls, columns, beams, girders and foundations, including any enlargement or addition to the structure, or any change in the utility system or mechanical equipment of a structure which significantly alters its usability, capacity or function.
A combination of materials to form a construction of occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the municipal agency or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or interstate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or the recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision." See "minor subdivision," "major subdivision."
A swimming pool located as an accessory use on the same residential lot as the principal use it serves, is utilized only by the owner(s) or his nonpaying guests and is not operated for profit.
A swimming pool open to the general public or open to members only of a club or organization, whether operated for profit or not.
An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
The placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.
Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
A place where the principal use or function is the selling of alcoholic beverages and incident thereto may be the retail sale or consumption of food as a permitted use, consistent with N.J.S.A. 33:1-12 et seq.
A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
A designated parcel or area of land, including a lot or lots, which is the subject of an application for development and which includes any contiguous portions of street rights-of-way in which the developer has property rights.
Any dwelling unit for living or sleeping purposes which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by motor vehicle or other means, or any factory-built unit equipped with wheels used for living or sleeping purposes, whether the same is on blocks, posts or any other type of foundation. "Mobile home" shall be synonymous with "trailer home."
A typed or printed verbatim record of the proceedings or reproduction thereof.
The specific purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance 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 of a building or land that conforms to the provisions of this chapter.
A use which is the major use of the lot. In any residential zone, a dwelling on a lot shall be deemed the principal use of that lot.
Any use of land or structure or structures thereon which is owned and used by the federal, state, county or municipal governments. Public use shall also include property not owned by a government entity but which is leased or used for that purpose.
Any use which is public in nature but which is owned and used by a private-interest group. Quasi-public uses include churches, parish houses, parochial schools, historical sites and similar uses but do not include clubs, lodges or similar private uses.
The use of a building or part as a dwelling unit.
Any fence, wall, tree, hedge, or shrub or a combination of them which limits visibility or provides screening from adjacent use.
Any personal wireless service as defined in the FTA, i.e., FCC-licensed commercial wireless telecommunications services, including cellular, PCS, SMR, ESMR, paging and similar services that currently exist or that may in the future be developed. Wireless communications does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include nonwireless telephone service.
Any device which is used for the transmission and reception of electromagnetic wave frequencies for the purpose of any wireless communications. For the purposes of this chapter, wireless communications antennas shall not be considered to be a public utility.
A structure, often in the form of a monopole or lattice tower, on which one or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
An open space on the same lot with the principal building open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided by this chapter. The minimum required yard shall be the same as required setback.
The yard extending across the entire width of the lot between the street line and the nearest part of any building. On a corner lot, the front setback shall be required for all street frontages.
The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
A yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
A document signed by the administrative officer or his/her designee, which shall be required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of the Development Ordinance or variance therefrom duly authorized by the appropriate municipal agency.