This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Stratford".

(Prior code § 105-1)

To encourage the most appropriate use of land throughout the borough and to conserve the value of property; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health, morals and the general welfare; to provide adequate light and air; to prevent the overcrowding of land and buildings; to avoid undue concentration of population; and to that end to regulate the height, design, appearance, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and the height, size and location of these uses within the limits of the borough, these regulations are established and shall hereafter apply.

(Prior code § 105-2)

A.

[Terms defined.] Certain words, phrases and terms in this chapter are defined for the purpose thereof as follows:

"Accessory use or building" means a subordinate use or building, the purpose of which is customarily incidental to that of the main use or building and on the same lot.

"Adult bookstore" means a retail establishment which sells or distributes books, printed materials, movies, filmstrips, paraphernalia and related items which, by applying contemporary standards, have as a dominant theme or purpose an appeal to prurient interests.

"Alterations," as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by an increase in height or by moves from one location or position to another.

"Animal hospital" means any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

"Applicant" means a developer submitting an application for development.

"Balcony" means a structure attached or adjacent to a principal building having at least a portion of the structure more than one (1) foot above mean finished grade. A "balcony" shall comply with the yard and building coverage requirements for a principal building. An enclosed structure less than or equal to forty-eight (48) square feet in area and used to serve a preexisting entrance into the main level of the principal residence is not considered a "balcony"; these structures are to comply only with the requirements of the building code for this consideration of this type structure.

"Buffer strip" means a strip of land, as prescribed by the Planning Board or the Zoning Board of Adjustment of the Borough of Stratford, which shall separate a commercial or industrial district from a residential district or separate a commercial or industrial site from another commercial or industrial site by the planting of trees or shrubbery to such a height and intensity so as to restrict a clear view beyond said strip.

"Building" means a structure designed, built or occupied as a sheltered or roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures.

"Building height" means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof, to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

"Building inspector" means the Building Inspector of the Borough of Stratford.

"Building line" means a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

"Common open space" means 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.

"Conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance and upon the issuance of an authorization therefor by the planning board.

"Curbline" means the border between the street (also referred to as "avenue, boulevard, road, parkway, viaduct, drive or other way", as defined elsewhere in this chapter) and the designated parcel, tract or area of land established by a plot or otherwise as permitted by law (see definition of "lot" in this chapter). "Curbline" may, but need not, be delineated by a raised border of concrete, stone, metal or wood.

"Day care center" means a facility whose function is to provide educational, recreational and other services for preschool-age children whose parents or legal guardians are residents of Stratford. Such facilities shall be operated by religious, social or other such nonprofit organizations.

"Days" means calendar days.

"Deck" means a structure attached or adjacent to a principal building having at least a portion of the structure more than one (1) foot above mean finished grade. A "deck" shall comply with the yard and building coverage requirements for a principal building. An unenclosed structure less than or equal to forty-eight (48) square feet in area and used to serve a preexisting entrance into the main level of the principal residence is not considered a "deck"; these structures are to comply only with the requirements of the building code for this consideration of this type structure.

"Developer" means 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.

"Development" means the division of a parcel of land into two (2) 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.

"Drainage" means 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 the means necessary for water supply preservation or prevention or alleviation of flooding.

"Duplex" means a two-story residential structure containing two (2) dwelling units, each of which occupies one (1) floor. Each dwelling unit shall have a separate entrance.

"Dwelling" means a building designed or used as the living quarters for one (1) or more families.

"Dwelling house" means a detached house designed for and occupied exclusively as the residence of a single family living as an independent housekeeping unit.

"Dwelling, multifamily" means a dwelling or group of dwellings on one (1) plot containing separate living units for two (2) or more families but which may have joint services or facilities for both.

"Dwelling unit" means one (1) or more rooms providing complete facilities for one (1) family, including equipment for cooking or provisions for the same and including room or rooms for living, sleeping and eating.

"Environmental commission" means a municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

"Family" means a single individual doing his or her own cooking and living upon a premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon a premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

"Front line" (also "frontage" ) means the border of the lot (as defined in this chapter) running between the side lot lines and along the front yard (see definition of "yard, front" in this chapter). The front of the property shall be determined by the address given to it by the municipality. This definition may not be applied retroactively to invalidate existing setbacks on any property.

"Garage, private." "Private garage" means a building or space used as an accessory use to the main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is conducted.

"Garden apartment" means a building of no more than two (2) stories containing at least four (4) dwelling units in which one (1) dwelling unit may be located over another unit, access to such units is via a common entrance and utilities may be shared.

"Governing body" means the mayor and members of the Borough Council of the Borough of Stratford.

"High-rise apartment" means a multifamily dwelling having not less than seven (7) stories above the average elevation of the finished lot grade at the front of the building.

"Home occupation" means an occupation or accessory carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit or other structure located on the lot. In the event that one (1) or more of the standards specified in subsection 17.12.020B.5. are not met, the home occupation shall not be defined as an accessory use and shall not be considered a permitted use in any residential zone.

"Hotel" means a building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

"Junk" means any worn-out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered "junk".

"Junk shop" means any place of business conducted or maintained for the purpose of buying, selling and storing, or any of them, old junk, ropes, iron, brass, copper, tin, lead, rubber in various forms, old papers, bottles or any other material or materials, old unregistered automobiles or trucks or other motor or mobile vehicles and other abandoned and unusable vehicles and such other miscellaneous assortment of articles and materials which are commonly classified and designated as "junk".

"Junkyard" means any place where any of the articles or items, or a combination thereof, referred to under the definition of "junk shop" are stored, kept or maintained, whether for sale or not, and shall be in a lot, place, building, structure or yard, whether improved or unimproved, where such articles or any of them are permitted to accumulate.

"Land" includes improvement and fixtures on, above or below the surface.

"Loading area" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

"Lot" means 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.

"Lot area" means an area of land which is determined by the limits of the lot line bounding the area and is always expressed in terms of square feet.

"Lot, corner". "Corner lot" means a parcel of land at the junction of and abutting on two (2) or more intersecting streets when the interior angle of intersection does not exceed one hundred fifty (150) degrees.

"Lot depth" means a mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

"Lot line" (also "property line" ) means the boundary of a designated parcel, trust or area of land used to describe such land on a flat map, deed or government survey system. "Lot line" designates the border of the property for ownership purposes and for the description of contiguous land.

"Lot width" means the mean horizontal distance between the side lot lines measured at right angles to its depth. In no case shall the lot width be less than the frontage as required by this chapter. Frontage shall be measured at the most forward allowable building line or setback line. The width at the front property line shall be at least two-thirds of the required width of the setback line.

"Mid-rise apartment" means a multifamily dwelling having not less than three (3) stories above the average elevation of the finished lot grade at the front of the building nor exceeding six (6) stories in height. Said structure shall have an elevator for the use of the occupants.

"Nonconforming lot" means 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.

"Nonconforming structure" means 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 reasons of such adoption, revision or amendment.

"Nonconforming use" means 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.

"Off-site" means 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 a contiguous portion of a street or right-of-way.

"Off-tract" means not located on the property which is the subject of a development application, nor on a contiguous portion of a street or right-of-way.

"Open space" means 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 designed to be incidental to the natural openness of the land.

"Parking area or parking lot" means any space utilized for the parking of motor vehicles, including both the parking spaces and the driveways, aisles, turnaround, loading areas and open space used to provide access to parking spaces or to control traffic within a parking lot, except the access drive connecting a parking lot and a public right-of-way and within which no parking maneuver could occur.

"Parking space" means an off-street space available for the parking of a motor vehicle and which in this chapter is held to be ten (10) feet wide and twenty (20) feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

"Planning board" means the Planning Board of the Borough of Stratford.

"Principal building" means a building or buildings in which is conducted the main or principal use of the lot on which said building is situated.

"Professional office" means the office of a member of a recognized profession and shall include only the offices of doctors, ministers, architects, professional engineers, lawyers and such similar professional occupations which may be so designated by the board of adjustment upon finding by such board 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 the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for a regulation of any gainful occupation need not be deemed indicative of professional standing.

"Residential density" means the number of dwelling units per gross acre of residential land area, including streets, proposed easements and open space portions of a development, but excluding undevelopable areas as defined below.

"Shopping center" means a business district consisting of an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and theaters or auditoriums, housed in an enclosed building or buildings with party walls of eight (8) inches of concrete block between each business use and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utility and sanitary facilities.

"Single-family detached dwelling" means one (1) freestanding dwelling unit on a separate lot with open space (setbacks) on all sides.

"Standards of performance" means standards adopted by ordinance pursuant to section 17.36.040 regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, 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 or standards required by applicable federal or state laws or municipal ordinances.

"Story" means that part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor next below it except a basement. Any floor under a sloping roof at the top of a building which is more than two (2) feet below the top plate shall be counted as a story, and if less than two (2) feet below the top plate shall be counted as a half story, provided that not more than sixty (60) percent of the floor area is used for rooms, baths or toilets; otherwise, it shall be counted as the fraction of a story which its floor area, its rooms, baths or toilets, bear to the entire floor area.

"Street" means any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this act; 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 of the power to review plats. The term "street" 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.

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

"Townhouse" or "row house" means one (1) dwelling unit in a line of at least three (3) dwelling units, in which each unit has its own front and rear access, no unit is located over another unit, each unit is separated from others by a fire wall and each unit has its own independent utilities.

"Trailer", "trailer-coach" or "camp car" means any unit which is or may be used for living, sleeping or business purposes by one (1) or more persons and that is equipped with wheels or a similar device used for the purpose of transporting said unit from place to place, whether it is self-propelled or otherwise. Whenever the word "trailer" is used herein, it shall mean and include "trailer-coach" and camp car"; except, however, that a "trailer" used as a temporary office for administrative purposes in connection with the doing of construction work in the Borough of Stratford and which has no sanitary facilities attendant thereto is not within the meaning of this definition.

"Twin houses" means two (2) dwelling units, each on separate lots, which share a common wall.

"Two-story structure" shall have space above the first floor designed for and completed clearance of not less than seven (7) feet as living quarters, with a height feet over an area equal to one hundred (100) percent of the first floor area, excluding the garage.

"Undevelopable areas" , for the purpose of calculating gross residential density, the following "undevelopable areas" shall be excluded: The channel and floodway portions of the floodplain, steep slopes in excess of fifteen (15) percent and existing easements.

"Use" means the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

"Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front. "Front yard" means an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and front line of the building projected to the side lines of the lot.

Yard, rear. "Rear yard" means an open unoccupied space on the same lot with a building between the rear lines of the building and the rear lines of the lot extending the full width of the lot.

Yard, side. "Side yard" means an open unoccupied space on the same lot with a building situated between the building and the side line of the lot extending from the front yard to the rear yard. Any lot line, not a rear line or front line, shall be deemed a side lot line.

B.

Word usage. Words used in the present tense include the future. The singular number includes the plural and the plural, the singular. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "zone" includes the word "district". The word "shall" is always mandatory.

(Prior code § 105-3; Ord. No. 97:13, § 1, 1997)