Except where specifically defined herein, all words and terms used in this chapter shall carry their customarily accepted meanings. "Occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed, to be used or occupied". It is not the intent of this chapter that any prohibited use or occupation shall be allowed because of a technical distinction in the meaning of any word. The following words or terms shall have the following meaning where used herein. Where certain words or phrases are not defined below, their meanings shall be as defined in the Municipal Land Use Law R.S. 40:55D-1 et. seq.
ACCESSORY BUILDING OR USE . A use of 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.
ALTER . As applied to a building, this term means a change or rearrangement of supporting members or an enlargement whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERNATIVE LIVING ARRANGEMENT . A structure in which households maintain private rooms yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to, residential health care facilities as regulated by the NJ Department of Health, and congregate living arrangements. All such facilities must be subject to controls on affordability, acceptable to the council.
APPLICANT . A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT . The application form and all accompanying documents required by ordinance for approval of a site plan and subdivision plat, planned development, conditional use or zoning variance.
BOARDING HOUSE OR LODGING HOUSE . A dwelling having one kitchen and used for the purpose of providing lodging, or both meals and lodging, for pay or compensation of any kind, whether computed by day, week, or month, to persons occupying such dwelling other than members of a family.
BUILDING . A combination of materials to form a construction adapted to a permanent, temporary, or continuous occupancy and having a roof. The word "building" shall include the word "structure".
BUILDING, MAIN OR PRINCIPAL . A building in which is conducted the main or principal use of the lot on which said building is located.
BUILDING AREA . The area formed by the intersection of a horizontal Plane at average grade level and the vertical planes which coincide with the exterior surfaces of the building. In case of a section of a building which is cantilevered, the exterior surface of the most projected area is used to determine the area. This area does not include uncovered porches, terraces, or steps, nor does "most projected area" include roof overhangs.
BUILDING HEIGHT . The vertical distance measured from the average elevation of the finished grade along the front of the building to the mean elevation of the roof surface.
BUILDING LINE . A line formed by the intersection of a horizontal plane at the average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements shall be measured to the building line.
CELLAR . A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground.
CHANGE OF USE . Any use which substantially differs from a previous use of building or land in that it is located within a different class or category as specified by the Zoning ordinance.
COMMON OPEN SPACE . An open space within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMON OWNERSHIP . ownership of two or more contiguous parcels of 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 . A use permitted in a particular zoning district only upon a showing that such use in a specified location shall comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the planning board.
CONGREGATE CARE FACILITY . A specially designed multi-unit residential structure which is served by a centrally located dining facility within the structure and designed for independent and semi-independent older persons requiring assistance, monitoring and/or supervision in daily activities, which does not include on-site health care services. Supportive services such as housekeeping, transportation, social and recreational facilities are usually provided.
CONSTRUCTION OFFICIAL . The town official specified in the building code and designated as such by the town council responsible for the enforcement of town codes and ordinances.
COURT . Any unbuilt space other than a yard.
DENSITY . The number of dwelling units per gross acre of land including streets, easements and open space portions of a development.
DEVELOPER . 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 . The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land.
DEVELOPMENT REGULATION . A zoning ordinance, subdivision ordinance, site plan ordinance, or other town regulation of the use and development of land, or amendment thereto.
DISTRICT . Part of the territory of the town to which certain uniform regulations of this chapter apply.
DRIVE-IN . Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any product and providing curb and/or window counter service.
DWELLING . Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Dwellings may include but not be limited to the following types:
a. Single Family. A building occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit.
b. Multi-Family. A building or portion thereof used or designated as a residence for three 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 as defined in this chapter.
c. Garden Type Apartment. A building not exceeding two stories in height containing a group of separate dwelling units, none of which contains more than two bedrooms, and which is so designed that not more than two apartments are served by a common entry.
d. Duplex Residence. A double house consisting of two separate dwelling units under one roof, each complete in itself, with closed partition between, with independent means of ingress and egress in front and rear, and with separate sewer, water and other utility services. Also includes a two-family dwelling.
e. Semi-detached Dwelling. A free-standing detached building on one lot, or within a lot held in common ownership serving up to four families, with private exterior entrances to each dwelling and in general, having the exterior appearance of a single family dwelling, such as duplex, triplex or quadplex dwelling types.
f. Zero Lot Line Dwelling. A free-standing detached building on one lot, or within a lot held in common ownership, serving one family with one wall of the building located on a side property line including patio and atrium houses. Side, rear or front yards may be enclosed to form common walled, open courtyards, or patios for each dwelling.
g. Townhouse. A building designated for and occupied by no more than one family or household (dwelling unit), attached to similar buildings by not more than two common walls extending from foundation to roof and having individual rear or front yards designated as an integral part of each one family dwelling unit, and further having at least two means of access to the outside from each unit. For the purposes of this chapter, townhouses shall be buildings containing at least four (4) dwelling units and may be of a condominium, fee simple or cooperative form of ownership or any combination thereof.
h. Mid-Rise Apartments. Three or more dwellings located within a single building more than three stories high with direct access to a common hallway served by elevators from the ground level.
The word "dwelling" shall include the word "residence".
EASEMENT . An interest in land owned by another that entitles its owner to specific limited use or enjoyment.
ESTABLISHMENT . One place of business, or one permanent usage,
FAMILY . One or more persons who live together in one dwelling unit and maintain a common nonprofit single housekeeping unit. It may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. It may also include domestic servants and gratuitous guests.
FIRST FLOOR . First floor area shall be measured by using the outside dimensions of the residential portion of a building excluding the area of an attached garage. For a split level or tri- level dwelling, the area shall be considered to be the sum of the areas of the two adjoining residential levels, excluding an attached garage.
FLOOR AREA RATIO - FAR . The sum of the area of all floors of buildings or structures compared to the total area of the site. Any paved area on the site shall not be construed as a "Structure" for purposes of application of FAR standards as contained in this chapter.
GARAGE, PRIVATE . A detached accessory building or portion of a main building for the parking of or temporary storage of automobiles of occupants of the main building, and wherein no more than one space is rented to persons not residents of the lot, or no more than one commercial vehicle, not to exceed two tons in net weight, is parked or stored.
GASOLINE STATION . Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
GROSS AGGREGATE HOUSEHOLD INCOME . The total gross household income from all sources of all members of the household. In determining the amounts of income to be excluded, the Town shall consider the number of minor children in the household and such other factors as are given similar consideration under Federal and State subsidized housing guidelines.
HABITABLE ROOM . Any room except a room used for kitchen, bath or utility purposes.
HOME OCCUPATION . An activity carried out for gain by a resident and conducted as an incidental and subordinate use in the resident's dwelling unit and meets the performance criteria established for home occupations in Section 20-20.2 of this chapter.
HOTEL . 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, maid and valet service, 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. Such living units may contain cooking facilities as a supplement to central dining facilities. Living units may be provided for the sole use of resident employees, provided they do not exceed three percent of the living units provided.
JUNKYARD . Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, bags, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
LIGHT MACHINE SHOP . A shop for the machining of light parts or products, in which no heavy machinery is used and which in its operation creates or maintains no nuisance objectionable to adjacent property, and particularly to adjacent residential properties.
LOADING SPACE . 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 material.
LOT . Shall include the words "plot" or "parcel".
LOT, ZONING LOT . A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.
LOT AREA . The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
LOT DEPTH . The horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
LOT FRONTAGE . The straight line distance measured between points where side lines meet street lines.
LOT LINE, FRONT . The lot line separating the lot from the street line.
LOT LINE, REAR . The lot line opposite and most distant from the front lot line; or in the case of a triangular or otherwise irregularly shaped lot, a line ten feet in length entirely within the lot parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE . Any lot line other than a front or rear lot line.
LOT WIDTH . The horizontal distance between the side lot lines, measured at right angles to the lot depth at the building line.
LOW AND MODERATE INCOME HOUSING . Dwelling units developed pursuant to the Town's Zoning Ordinance and made available to low and moderate income households.
LOW INCOME HOUSEHOLD . A household whose aggregate gross annual income at the time of purchase or rental does not exceed fifty percent (50%) of the median income established and adjusted from time to time for the geographic area in which the Town is located by the U. S. Department of Housing and Urban Development.
MODERATE INCOME HOUSEHOLD . A household whose aggregate gross annual income at the time of purchase or rental is between fifty percent (50%) and eighty percent (80%) of the median income established and adjusted from time to time for the geographic area in which the Town is located by the U. S. Department of Housing and Urban Development.
MOTELS OR TOURIST CAMPS . A building or group of buildings which contain living or sleeping accommodations for transient occupancy and have individual outside entrances to each unit.
NONCONFORMING 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
NONCONFORMING LOT . 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 . 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
**Webmasters Note: The previous definitions, Nonconforming Use through Nonconforming Structure, have been amended as per Ordinance No. 2003-5.
NUISANCE . 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:
a. Noise.
b. Dust.
c. Smoke.
d .Fumes.
e .Odor.
f .Glare.
g .Flashes.
h. Vibration.
1. Shock waves.
j. Heat.
k Electronic or atomic radiation.
l. Objectionable effluent.
m. Noise or congregation of people, especially at night.
n. Passenger traffic.
0. Transportation of things by truck, rail or other means.
p. Invasion of nonabutting street frontage by parking.
OFF-SITE . Located outside the lot lines of the lot or portions of a lot but within the property, of which the lot is a part, which is the subject of a development application of contiguous portion of a street or right-of-way.
ON-SITE . Located on a lot or portion of a lot which is the subject of a development application.
OFF-TRACT . 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.
ON-TRACT . Located on the property which is the subject of a development application or a contiguous portion of a street or right-of-way.
OPEN SPACE . Any unbuilt area intended to meet the side, rear, or front space requirements of this chapter. 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 SPACE . An area 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.
PERSON . Any association, partnership, corporation, cooperative group, trust or other entity as well as an individual.
PLANNED DEVELOPMENT . Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. For purposes of this chapter the following types of planned development are utilized:
a. Planned Residential Development. An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters which may include appropriate public or semi-public uses all Primarily for the benefit of the residential development.
b. Residential Cluster Development. An area to be developed as a single entity according to a plan containing residential housing units in which individual lots have a common or public open space area as an appurtenance.
PLANNED SENIOR ADULT RESIDENTIAL VILLAGE DEVELOPMENT . An area to be developed as a single entity according to a plan containing one or more residential clusters with attendant services restricted to adults 55 years of age or older, with the following exceptions: (1.) A husband or wife under the age of 55 years, who is residing with his or her spouse, who is of age 44 years or over. (2.) Children residing with their parent or parents where one of the parents with whom the child or children are residing is 55 years or over. (3.) Adults under 55 years of age will be admitted as permanent residents if it is established that the presence of such persons is essential for the physical care or economic support of the eligible older occupant or occupants.
PLANNING BOARD . In this chapter any reference to the planning board shall be considered to refer to the zoning board of adjustment in those instances where the zoning board has jurisdiction as granted by the Municipal Land Use Law (R.S. 40:55D-1 et seq.) and vice versa.
PRINCIPAL BUILDING . A building in which is conducted the main or principal use of the lot on which said building is located.
RIGHT-OF-WAY LINES . The boundary lines of land used or intended for use as streets or future widening, as shown on deeds, plats, or the master plan, and from which yard and other requirements shall begin.
SETBACK . An area extending the full width of the lot between the street right-of-way or any proposed future right-of-way and the required yard within which no buildings or parts of buildings may be erected.
SIGN AND/OR ADVERTISING STRUCTURE . For the purpose of this chapter the terms "sign" or "advertising structure" shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning banner and canopy; and shall include the announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person or product when the same is placed out-of-doors in view of the general public. The word "sign", when used alone in this chapter, shall mean a nonilluminated sign. A lighted sign shall mean a sign which is lighted by external illumination only, by a light directed upon and reflected back from such sign, which shall be constructed in such manner that the source of light shall not be visible from the street. A sign with internal illumination shall mean either a single or double- faced sign made of glass, plastic, or other material behind or between which are enclosed incandescent or fluorescent lamps used for the purpose of illuminating the sign. A neon sign shall mean a sign consisting of tubes in which neon is used as one of the ingredients to provide illumination. A flashing sign shall mean any sign, lighted by any means, either internally or externally, by an intermittent source of illumination which blinks or flashes on and off. A revolving or moving sign shall mean any sign, however illuminated, which is so designed as to revolve or move in any way or manner. When signs of a certain type are stated to be permitted in any zone, the provision shall be construed as prohibiting any other type of sign.
STREET . Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or is shown upon a plat heretofore approved pursuant to law, or is approved by official action as provided by this act, or 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; "street" shall include 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.
STREET LINE . The dividing line between a lot and a street right-of-way from which the yard and other setback requirements shall be measured. Where a future right-of-way is intended as shown on the master plan, then the street line shall be measured from the future right-of-way. If title runs to the center of the street, then the curb line shall be considered the street line.
STRUCTURE . A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of the parcel.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2003-5.
TRACT . A parcel, property or area of land comprised of one or more lots adjacent to one another established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
TRAILER CAMP . Land used or intended to be used by tents, trailers or movable dwellings. Two or more trailers, whether parked or supported by foundations shall constitute a trailer camp.
YARD, FRONT . An open space, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the nearest point on the street line and nearest part of the main or accessory building, and in which only those structures which are specifically provided for in this Ordinance shall be permitted.
YARD, SIDE . 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, and in which only those structures which are specifically provided for in this Ordinance shall be permitted.
YARD REAR . An open space, extending the full width of the lot between the main building and 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, and in which only those structures which are specifically provided for in this ordinance shall be permitted.
ZONING PERMIT . A document signed by the administrative officer which either is required by ordinance as a condition precedent to the Commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building or acknowledges that such use, structure or building complies with the provisions of the town zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to R.S. 40:55D-60 and 40:55D-70.
