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Sussex City Zoning Code

§ 19-3.2

Definitions.

[Ord. 9/5/78, S3.2; Ord. 85-13; Ord. 3/25/86; Ord. 12/8/86; Ord. 09/95, S1; Ord. 05-2000, S1; Ord. 03-2001, SI; Ord. 2008-26, S1]
ACCESSORY BUILDING OR USE
Shall mean a use or structure customarily incident and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.
AGRICULTURE
Shall mean the use of land for farming or horticultural use or for raising poultry or livestock or otherwise devoted to any use contemplated by R.S. 54: 5-23.3.
ALTER.
As applied to a building, this term means a change or rearrangement of supporting members, or exit facilities, or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another.
ANTENNA
Shall mean a system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
ANTENNA SUPPORT STRUCTURE
Shall mean a structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
APARTMENT
Shall mean a dwelling unit located in a building containing one or more similar units and adjoining said similar units above, below or to the side and which may share with said similar units common facilities, such as entryways, hallways, and utility systems.
AUTOMOBILE OR TRAILER SALES AREA
Shall mean an open area used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
BASEMENT
Shall mean a portion of a building partly underground, but having less than one-half of its clear height below the average grade of the adjoining ground.
BOARDING HOUSE
Shall mean a dwelling wherein not more than five people are sheltered or fed for profit.
BUFFER STRIP
Shall mean any concentration of massed trees or shrubbery as existing and to be preserved or to be placed parallel to a property line or zone district boundary line as a transition strip for the purpose of screening incompatible uses, unsightly uses, dust, noise or traffic. Such strip shall consist of dense growth from the ground to a height of not less than five feet. No structure shall be placed in a "buffer strip" and it shall be unbroken except for vehicle accessways or sidewalks. "Buffer strips" shall be planted with evergreens and deciduous trees as follows:
a. 
Evergreens spaced five feet in from outside line and ten feet apart in row. Two parallel rows of staggered planting are recommended.
b. 
Every 40 feet, a deciduous tree should be planted in the center of the strip.
c. 
Evergreen species should be as follows:
1. 
50 percent Austrian pine (Pinus nigra austriaca), three to four feet, balled and burlapped.
2. 
25 percent white pine, (Pinus strobus), three to four feet, balled and burlapped.
d. 
Deciduous trees can be any of the following:
1. 
Pin oak (Quercus palustris).
2. 
Red oak (Quercus borealis maxima rubra).
3. 
Scarlet oak (Quercus coccinea).
4. 
Gingko (Gingko biloba), male species only.
5. 
London plane (Platanus acerifolia).
6. 
Sugar maple (Acer rubrum).
7. 
Red maple (Acer rubrum).
More than one species may be used. All deciduous trees should be of one and one-half inches caliper and balled and burlapped stock.
e. 
All plants should be staked properly for at least three years.
BUILDING HEIGHT
Shall mean the vertical distance measured from the average finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to a point halfway between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE
Shall mean a horizontal line across a lot parallel to the front lot line at the required distance from the street center line or right-of-way line.
BUILDING, MAIN OR PRINCIPAL
Shall mean a building in which is conducted the main or principal use of the lot on which the building is located.
CELLAR
Shall mean a portion of the building partly underground having one-half or more than one-half of its clear height below the average grade of the adjoining ground. Any space in which the ceiling or underside of beams is less than four feet above the surrounding grade. Not counted as a story in residential buildings.
CENTER LINE OF STREET
Shall mean the line midway between and parallel to the two right-of-way lines of a street.
CHURCH
Shall mean lands and buildings devoted to and used exclusively for religious worship or asylum and entitled to exemption from taxation pursuant to the provisions of N.J.S.A. 55:4-3.6.
CIVIC BUILDINGS
Shall mean buildings owned by a governmental unit or by a non-profit or religious corporation which is used primarily for public gatherings for the purpose of promoting public education or knowledge or the general welfare.
CLUB HOUSE
Shall mean a building to house a club or social organization which is not conducted for profit and which is not adjacent to or operated by or in connection with a public tavern, cafe or other public place.
COLLOCATION
Shall mean use of common PTWF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a PTWF on a structure owned or operated by a utility or other public entity.
COMMERCIAL VEHICLES
Shall mean trucks, buses, sedan delivery vehicles, station wagons with advertising matter on the side or any other commercially used vehicles except as passenger car with no advertising matter exposed to view and any vehicle registered as a commercial vehicle and displaying commercial plates.
COMMON OWNERSHIP
Shall mean ownership of two or more contiguous parcels or real property by one person or by two or more persons owning such property jointly or as tenants by the entirety or as tenants in common.
CONDITIONAL USE
Shall mean 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 application or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the planning board or zoning board of adjustment.
CONVERSION
Shall mean the dividing or redividing of a residential unit, or any other existing structure, into more than one dwelling unit.
COVERAGE
Shall mean the ground area of all buildings on the lot, divided by the lot area, and expressed as a percent.
CRAFT CENTER
Shall mean studios, workshops, ateliers, and other similar craftmen's premises for creative hand crafts, boutiques and retail outlets for the crafts products and accessory dwelling units for resident craftsmen.
DISTRICT
Synonymous with the term "zone"; part of the territory of the Borough to which certain uniform regulations of this chapter apply.
DOMESTIC ANIMALS
Shall mean small tame animals normally kept or maintained in or about a dwelling as a pet, such as dogs, cats, and other similar household pets.
DUPLEX APARTMENT
Shall mean a detached building containing only two dwelling units.
DWELLING
a. 
SINGLE FAMILY ATTACHEDShall mean a building occupying a single lot consisting of two or more separate dwelling units, with closed partition between each, with independent means of ingress and egress in front and rear, and with separate sewer, water and other utility services.
b. 
SINGLE FAMILY DETACHEDShall mean a building occupying a single lot occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit.
c. 
DUPLEXShall mean a building occupying a single lot consisting of two separate dwelling units, with closed partition between each, with independent means of ingress and egress in front and rear, and with separate sewer, water and other utility services.
d. 
MULTI-FAMILYShall mean a building or portion thereof used or designed as a residence for two or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats but not including hotels or garden-type apartments.
e. 
GARDEN TYPE APARTMENTShall mean a building not exceeding two stories in height containing a group of separate dwelling units and which is so designed that not more than two apartments are served by a common entry.
f. 
TOWN HOUSEShall mean a building not exceeding two stories, as a contiguous structure of three or more dwelling units, each separated by vertical party walls and having direct access, front and rear; to the outside, and so laid out that each unit is susceptible to sale on an individual lot.
EDUCATIONAL INSTITUTION
Shall mean education or training institutions providing instruction in such courses as adult education, ballet, business schools, ceramics and art studios, day schools, gymnastics classes, music schools, nursery schools and similar subjects.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including electric substations, telephone dial centers, poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Essential services shall include firehouses, first aid and emergency aid squads, whether provided by a municipal or non-profit agency, pumping stations, sewerage treatment facilities, standpipes and water storage tanks.
FAMILY
Shall mean any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common, but not including those individuals living in a hospital, nursing home, sanitarium, hotel, motel, boarding house, fraternity house, or similar building or institution provided that not more than two people not related by blood, adoption or marriage shall be a family.
FARM BUILDING
Shall mean any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm.
FENCE
Shall mean an artificial constructed barrier of wood, masonry, stone, wire, metal or other manufactured or natural material (including shrubbery hedges) or combination of materials erected for the enclosure of land and/or dividing one piece of land from another.
FLOOR AREA, LIVABLE
Shall mean the total floor area of a dwelling but not including rooms with more than one-half of their cubic area below finished grade, rooms for heating equipment, garages, unenclosed porches, breezeways or other unheated areas. For the purpose of this chapter, floor area covered in whole or in part by a sloping ceiling shall be counted toward minimum livable floor area only for that portion having headroom of at least five feet six inches, provided further that at least 75 percent of such floor area has a ceiling height of at least seven feet six inches, and provided further that if such floor is situated above another floor, it shall be accessible from other livable floor areas in the dwelling by means of a permanent built-in stairway.
FRONT YARD
Shall mean an open, unoccupied space (unless occupied by a use or structure permitted by this chapter or other Borough regulation) extending across the full width of any lot and lying between the street right-of-way and the nearest building on such lot.
GARAGE, PRIVATE
Shall mean a detached or attached structure used only for the storage of vehicles owned or rented by the occupant of the principal structure or by his family.
GARAGE, PUBLIC
Shall mean any garage other than a private garage which is open to the public and used for the storage of motor vehicles.
GARDEN TYPE APARTMENT
(See Definition of Dwelling).
HEIGHT
Shall mean, when referring to a tower or similar structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
HISTORIC DISTRICT
Shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE
Shall mean any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the master plan as being of historical, archeological, cultural, scenic or architectural significance.
HOME OCCUPATION
Shall mean an occupation for gain or support conducted only by members of a family owning and residing in a one family dwelling unit plus not more than one person not a resident of the dwelling unit provided that the resident owner of the dwelling unit is an on-site operator of the occupation; that the residential character of the building and property is not changed; that the occupation is conducted entirely within the dwelling in either the first floor or the basement, but not both; that not more than the equivalent of 50 percent of the area of the first floor in the dwelling unit used for the occupational or related use; that no sounds caused by the home occupation are audible outside of the building; that no display or advertising material is visible from outside the building; that no article is sold or offered for sale on the premises unless same is incidental to the service being offered; that no machinery or equipment is used, which will cause electrical or other interference with radio and television reception in neighboring residences; that the occupation shall not add to the traffic flow of the neighborhood, that the nature of the occupation does not require providing for additional off-street parking, and that no hazardous materials, as defined by the New Jersey Department of Environmental Protection shall be used in the home occupation.
HOSPITAL
An institution (which is licensed as a "hospital" by the State of New Jersey) providing primary health care services, consisting of medical and surgical care for persons on both an inpatient and outpatient basis, with the number of beds being sufficient to accommodate the inpatient demand. The purpose of the health care being provided is to offer services to persons suffering from contagious and other similar disease, injury, deformity and other physical conditions. Included as part of a hospital are such ancillary uses as laboratories, outpatient facilities, training and exercise facilities, medical offices and other support services and infrastructure. All hospitals, as so defined, must obtain a certificate of need from the State of New Jersey.
[Amended 5-15-2018 by Ord. No. 2018-02]
HOTEL
Shall mean a building which contains furnished living units for its occupants, and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies, and providing, among other things, such services and features as lobby, mail and valet services, linens, central dining room, lounges, concessions, room service, dispensary, game and hobby rooms, public assembly area, and other services and features customarily provided in a hotel, including 24 hour office service. Living units may be provided for the sole use of resident employees, provided same do not exceed three percent of the living units provided.
LIGHT MANUFACTURING
Shall mean the manufacture, compounding or assembly of articles from previously prepared materials (as opposed to the processing of raw materials) using processes which create no significant nuisance as defined in this chapter.
LIVESTOCK
Shall mean animals which are raised, kept or maintained as or for the provision of a product or service which for the purposes of this chapter, shall be interpreted to include among others, cattle, horses, sheep, goats, swine, chickens, and fur bearing animals such as mink or chinchilla.
LOT
Shall mean a piece or parcel of land abutting on a street, the area of which in addition to the parts thereof occupied or which may hereafter be occupied by a principal building and its accessory buildings, is sufficient to provide the yard spaces required by this chapter and which conforms to minimum area requirements of this chapter. In the event that more than one plot or lot as set forth on any map filed in the Sussex County Clerk's office, or lot as set forth on the present or future tax maps of the Borough is used in part or in full with one or more other such plots or lots for the creation of a building and its accessories, including yards required by this chapter, the aggregate of all such plots or lots shall for the purpose of this chapter be deemed to be one lot.
LOT AREA
Shall mean the total area of a lot within the lot lines.
LOT CORNER
Shall mean a lot having frontage on two or more streets intersecting at an angle of less than 135 degrees.
LOT DEPTH
Shall mean the average horizontal distance between the front line and the line of the lot opposite thereto.
LOT LINE FRONT
Shall mean the street line of a lot. For a corner lot the front lot line shall be considered to be the shortest street line. A lot which extends through a block from street to street shall be considered to have two front lot lines and no rear lot line.
LOT LINE REAR
Shall mean the property line of a lot which is most distant from and most nearly parallel to the front lot line.
LOT LINE SIDE
Shall mean any property line of a lot which is not a front or rear lot line.
LOT WIDTH
Shall mean the distance between the side lot lines measured along the building line.
NONCONFORMING BUILDING
Shall mean a building or structure or portion thereof lawfully existing as of the date of the adoption of this chapter which was designed, erected or structurally altered so that it does not conform to the regulations of the district in which it is located.
NONCONFORMING LOT
Shall mean a lot or a parcel which does not have a minimum width or contain the minimum area of the zone in which it is located, or the use to which it is being put.
NONCONFORMING USE
Shall mean a use which lawfully occupies a building or land as of the date of the adoption of this chapter and which does not conform with the use regulations of the district in which it is located.
NUISANCE
Shall mean an offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affect a human being of ordinary sensibility; or the generation of an excessive or concentrated movement of people or things, such as but not limited to: noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise or congregation of people, especially at night, passenger traffic, transportation of things by truck, rail or other means, invasion of nonabutting frontage by parking.
NURSERY SCHOOL
Shall mean a school designed to provide daytime care or instruction for two or more children from two to six years of age inclusive and operated on a regular basis.
NURSING HOME
Shall mean any premises meeting the standards of the New Jersey State Department of Institutions and Agencies to operate as a nursing home.
OFF-STREET PARKING
Shall mean an area, not on a street and at least ten by 20 feet, accessible from the street, both suitable and intended for the parking of a passenger motor vehicle.
PARKING AREA, COMMERCIAL
Shall mean an open area, deck or structure, other than a street or other public way, used for the parking of automobiles, and available to the public whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACE
Shall mean an area of not less than 200 square feet (ten feet wide and 20 feet long) for the parking of a motor vehicle either within a structure or garage or in the open which, except in the case of residential properties, shall be exclusive of driveways or access drives.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
Shall mean facilities for the provision of the wireless communication services, including, but not limited to, antenna, antenna support structure, telecommunications towers, and related facility other than PWTEFs.
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
Shall mean accessory facility serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.
PRINCIPAL BUILDING OR USE
Shall mean the primary purpose for which a lot or a main building is used.
PRIVATE GARAGE
Shall mean a building which is accessory to a dwelling and which is designed for the storage or parking of not more than three private passenger automobiles or commercial vehicles of a like size or for the storage or parking of vehicles used on the premises for agricultural purposes; provided that such building is not used or operated as a business.
RECREATIONAL FACILITY ENCLOSURE
Shall mean a fence that encloses tennis courts, basketball courts, handball courts and other recreational areas, which are substantially similar and which are designed to contain balls and other objects.
RETAINING WALL
Shall mean any wall more than two feet above grade in height and more than three courses, constructed for the purpose of retaining fill or soil.
RIGHT-OF-WAY LINE
Shall mean the property line separating the street from abutting land.
ROOMING HOUSE
Shall mean a dwelling unit containing rooms for the rooming and/or boarding of individuals.
SCHOOL
Shall mean public, parochial and private, elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the state.
SIGNS
Shall be defined as stated in Subsection 19-1.8 et seq.
STREET
Shall mean a street, road, highway or other public thoroughfare which has been approved or accepted by the Borough.
STREET FRONTAGE
Shall mean that portion of the street line (or in the case of corner lots, the street line as extended to the center line of the abutting street) which lies upon or within the boundary line of any lot.
STREET LINE
Shall mean the right-of-way of a street as shown on the records of Sussex County or as otherwise legally established and the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from sidewalk line, curb line or edge-of-pavement line. In cases where title runs to the center of the street subject to the public easement, the right-of-way line shall be considered the street line. On a street shown on the adopted master plan of the Borough the street line shall be considered to be the proposed right-of-way line from the street.
STRUCTURE
Shall mean anything constructed or erected which has or requires permanent location on the ground or attachment to something having such location.
TELECOMMUNICATIONS TOWER
Shall mean a freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
TOURIST HOME
Shall mean a dwelling in which accommodations are provided for sleeping or feeding not more than ten transient overnight paying guests.
TUTORING
Shall mean the teaching or instruction of academic, business or artistic subjects.
VETERINARY HOSPITAL
Unless otherwise specified, shall mean and be deemed to be any structure containing facilities for diagnosis and treatment or other care of ailments incurred by animals owned by other than the operator or owner of the structure.
WIRELESS COMMUNICATIONS
Shall mean any personal wireless service as defined by the Federal Telecommunications Act of 1996 (FTA), as amended, which includes FCC license commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhance specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. Specifically excluded from this definition is any amateur facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
YARD, FRONT
Shall mean an open space extending the full width of the lot the depth of which is the minimum horizontal distance between the nearest point on the street line and the nearest part of the main or accessory building.
YARD, REAR
Shall mean an open space extending the full width of the lot between the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line. Only accessory structures shall be located in the rear yard in accordance with the provisions of this chapter.
YARD, SIDE
Shall mean an open space extending from the front yard to the rear yard between the main building and the side lot line. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
ZONING PERMIT
Shall mean a document signed by the zoning officer which is 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 and which acknowledges that such use, structure or building complies with all provisions of this chapter or a variance therefrom duly authorized according to law.