A.Â
Word usage. Words and phrases shall be presumed to have their ordinary
meanings, unless specifically defined or interpreted differently in
the section following. Disputes concerning definition or interpretation
of a word shall be resolved by the Board of Adjustment or the Planning
Board.
B.Â
Interpretation. For the purpose of this chapter, certain words and
terms are defined as follows: words used in the present include the
future; words used in the singular include the plural number, and
words in the plural include the singular number; the word "person"
includes an individual, corporation or partnership; the word "building"
shall include the word "structure"; the term "used" shall include
words "arranged, designed or intended to be used"; the term "occupied"
shall include the words "arranged, designed or intended to be occupied";
the word "lot" includes the word "plot"; the word "zone" includes
the word "district"; the word "premises" includes "vacant land"; and
the term "shall" indicates a mandatory requirement and the term "may"
indicates a permissive action.
[1997 Code § 224-4; Ord. No. 13-97; Ord. No. 14-2003; Ord. No. 05-2004]
All words defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., if not contained in this section, are incorporated herein
and declared to be a part of this chapter. The following words and
phrases shall have the meanings given in this section, as follows:
A building detached from and subordinate to the principal
building on the same lot, the use of which is customarily incidental
to that of the principal building, other than a storage shed as defined
below. For R-1, R-2 and R-3 Zones the maximum gross floor area of
all accessory buildings shall not exceed:
|
For R-1: 10% of lot coverage or 1250 square feet whichever is
less
|
|
For R-2: 10% of lot coverage or 1,000 square feet whichever
is less
|
|
For R-3: 12% of lot coverage or 780 square feet whichever is
less
|
|
And in no instance shall the gross floor area of all accessory
buildings on the site exceed the gross floor area of the principal
building at the ground floor level and in no instance shall the Accessory
Building exceed the height of the principal building.
[Ord. No. 14-2003] |
A use customarily carried on within a dwelling by the inhabitants
thereof, which use is incidental and subordinate to the residential
use. Accessory residential uses shall not be interpreted to include
the following: barber and beauty shops, barber and beauty schools,
tearooms, convalescent homes, kennels and repair of vehicles. Accessory
residential uses will be limited to those specified in the zoning
districts of this chapter, subject to the standards therein.
A use customarily incidental and subordinate to the main
use conducted on a lot, whether such accessory use shall be conducted
in the main or an accessory building.
The Clerk of Absecon City, unless a different municipal official
is designated within this chapter or by statute.
A minor way which may or may not be legally dedicated and
which affords only a secondary means of access to abutting property.
See "dwelling, multiple."
A developer submitting an application for development.
The Planning Board of Absecon City, unless a different agency
is designated by this chapter, when acting pursuant to the authority
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
That part of a building which is immediately below and wholly
or partly within the roof framing, not generally used as living space.
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms but not the sale of junked vehicles
and equipment.
The number of dwelling units per acre computed by dividing
the number of dwelling units which the applicant proposes to build
by the number of acres in the development, excluding acreage devoted
to streets and land to be dedicated to Absecon City or other government
agency. See "density."
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food may be available
for consumption on the premises as accessory to the principal use.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for businesses
or dwelling purposes. See "cellar."
A sign which directs attention to a product, business, service
or entertainment conducted, sold or offered elsewhere than upon the
lot on which such sign is situated and designed in conjunction with
the sign standards of this chapter.
The Board of the City of Absecon City established pursuant
to N.J.S.A. 40:55D-69, and sometimes referred to as the "Zoning Board
of Adjustment."
An area within a property or site generally adjacent to or
parallel with the property line either consisting of natural existing
vegetation or created by the use of trees, shrubs or fences and used
to visibly separate one use from another or to shield or block noise,
lights or other nuisances. Buffers may include fences or berms as
well as vegetation. All fences shall be constructed with structural
elements and posts facing the property or site on which they are located.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured from the average elevation
of existing grade to the highest point of the coping of a flat roof
or to the deckline of a mansard roof or to the average height of the
highest gable of a pitch or hip roof. In no case will the ridge line
be greater than 10 feet above the building height or exceed 35 feet.
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards and to lot lines and includes the size, height and floor
area of the building or other structure; the relation of the number
of dwelling units in a residential building to the area of the lot
(usually called density) and all open areas in yard space relating
to buildings and other structures.
A governmental acquisition of real property or major construction
project.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories,
nor shall it be considered in the calculation of habitable area as
called for in various residential districts. (See "basement.")
A statement signed by the Zoning Officer setting forth either
that a building or structure or swimming pool does or does not comply
with this chapter or that a building, structure or parcel of land
may lawfully be used for specified uses, or both.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational
or other athletic purposes which are not conducted primarily for financial
gain, provided that there are not conducted any vending stands, merchandising
or commercial activities except as required generally for the membership
and purpose of such club and within the property boundaries of such
facilities.
An open space area within or related to a site designated
as a development and designated and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complimentary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development, not including parking lots, street drives or other
vehicular buildings or structures.
An application for development certified as complete for
purposes of commencing the applicable time period for action. An application
for development shall be complete for purposes of commencing the applicable
time period for action when so certified by the municipal agency or
its authorized committee or designee. In the event that the agency,
committee or designee does not certify the application to be complete
within 45 days of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
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 this chapter and upon the issuance of an authorization
therefor by the Planning Board. Conditional uses are specified by
zoning district within this chapter.
The City official specified in the Building Code and designated
as such by the City Council.
Development other than planned development.
Composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
An open, unoccupied space enclosed on all sides by exterior
walls of a building.
An open, unoccupied space enclosed on not more than three
sides by exterior walls of a building.
A street with access closed at one end and with a vehicular
turnaround at the closed end.
Calendar days.
A porch without a roof.
[Ord. No. 05-2004]
The number of dwelling units permitted in a development expressed
in units per net acre, meaning acreage exclusive of streets and land
to be dedicated to Absecon City or another government agency.
One which has yard access on all four sides.
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 the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this
chapter.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction of development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to ensure water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the 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 in accordance with Chapter
1A of Title 58 of the Revised Statutes of New Jersey.
An establishment that by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicles.
A building or portion thereof containing more than two dwelling
units.
APARTMENT, GARDEN — A group of not fewer than three nor
more than 20 multifamily dwellings, architecturally designed with
some units placed on top of other units, not in excess of three stories
in height, designed for rental or sale of individual housekeeping
units, having common open space and in accordance with the special
requirements set forth in this chapter. This does not include occupancy
units that are rented or hired out to transient clientele for sleeping
purposes.
TOWNHOUSE — A residential structure of no more than three
stories containing not fewer than three nor more than 10 one-family
dwelling units, each being separate from the adjoining units by an
approved masonry party wall or walls, thus creating a distinct unit
intended for separate rental or ownership. This definition shall also
include such terms as "row house," "patio house," "court dwelling,"
etc.
A detached building containing one dwelling unit only.
A building or entirely self-contained portion thereof which
contains complete housekeeping facilities for one family only and
which has no enclosed space or cooking facilities in common with any
other dwelling unit, except vestibules, entrance halls, porches or
hallways. This definition of a dwelling unit shall not include a boat,
trailer or other vehicle of any type nor a temporary shelter such
as a tent.
The area enclosed within the inside walls of the dwelling
unit with a finished floor to structural ceiling height of not less
than seven feet six inches, excluding garages, porches and any spaces
located below the top of the foundation wall.
Whenever the word "employees" or the expression "number of
employees" is herein referred to, it shall mean, the greatest number
of persons to be employed in the building in question during any season
of the year and any time of the day or night.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit whose relationship is of a permanent and
distinct domestic character.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the consumer in a ready-to-consume
state for consumption either within the restaurant building or off
the premises.
The official action of the Planning Board 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 guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior walls.
In particular, the total floor area shall be any basement or cellar
space which has been improved for residential purposes (but in no
case may that space which is included as part of the total floor area
exceed 20% of the total basement area), all space other than basement
or cellar spaces with structural headroom of at least seven feet six
inches and all interior balconies and mezzanines.
Any garage used for the housing, care, maintenance and repair
of motor vehicles.
A building accessory to a dwelling unit used for the housing
of not more than three motor vehicles.
A building accessory to multi-family dwelling units used
for the housing of more than three motor vehicles but not more than
two motor vehicles per family dwelling unit.
Any garage not included within the definition of "private
garage" or "commercial garage".
All area of land and any structure thereon used for the retail
sale of motor fuel, lubricants and incidental services, such as car
washing and the sale, installation and repair of tires, batteries
or automobile accessories.
An open area and its necessary buildings used for the playing
of golf.
As follows:
For buildings having walls adjoining one street only, the elevation
of the sidewalk at the center of the wall adjoining the street.
For buildings having walls adjoining more than one street, the
average of the elevation of the sidewalk at the centers of all walls
adjoining the streets.
For buildings having no walls adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
Any wall approximately parallel to and not more than 20 feet
from a street line is to be considered as adjoining the street.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A domestic occupation in which only a full-time resident
of the premises is engaged in the occupation, which has no visible
exterior evidence of the conduct of the occupation, which does not
create the need for off-street parking beyond normal dwelling needs,
which does not generate additional traffic and in which no equipment
is used other than that normally used in household, domestic or general
office use.
An office within a principal residential structure in which
the practice of medicine or dentistry, accounting, planning, engineering,
architecture or law, as licensed by the State of New Jersey, is performed
by a full-time resident of the premises.
A facility containing more than 100 units and offering transient
lodging accommodations to the general public. Hotels are at least
three stories in height, and the majority of the units have access
to the outside only by the necessity of passing through a lobby. Hotels
may contain additional services such as restaurants, coffee shops,
meeting rooms or the like.
A comprehensive statement of potential impact upon the site
for all major projects that might significantly affect the quality
of the environment.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
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 under this
chapter or whose rights to use, acquire or enjoy property under this
chapter or under any other law of this State or of the United States
have been denied, violated or infringed by an action or a failure
to act under this chapter.
A completely planted visual barrier composed of evergreens
or other plants as specified by district or specified in the landscape
design element of this chapter.
A private roadway designed to accomplish easy access into
developed parcels. Minimum roadway widths for ingress and egress lanes
shall be:
Any paved or otherwise surfaced off-street space available
only for the loading or unloading of goods, at least 12 feet wide
and 35 feet long with clear headroom of at least 14 feet and having
usable access to a street.
A designated parcel, tract or area of land established by
plat or otherwise as permitted by law and to be used, developed or
built upon as a unit.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points at the
side lot lines to the foremost points of the lot meet at an interior
angle of less than 135°.
The percentage of the lot area occupied by the ground area
of principal and accessory buildings, structures, driveways and parking
areas.
The mean distance from the street line of a lot to its opposite
rear line measured in the general direction of the side lines of the
lot.
Any boundary line of a lot.
The dividing line between the lot and the street, except
that in the case where a lot has no street frontage but abuts on the
right-of-way, then such right-of-way line shall be the front line
of the lot.
Any security which may be accepted by the municipality for
the maintenance of any improvements required by the Municipal Land
Use Law, 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.
The municipality may not require that the maintenance guaranty be
in cash, but a developer may provide at his option that some or all
of the maintenance guaranty be in cash.
All subdivisions not classified as minor subdivisions.
A composite of one or more written or graphic proposals for
the development of Absecon City as set forth in and adopted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-28.
Any subdivision containing not more than three lots exclusive
of the remaining lot or parcel fronting upon an existing approved
street, not involving any new street or the extension of municipal
facilities and not adversely affecting the development of the remainder
of the parcel or adjoining property and not in conflict with any provision
or portion of the adopted Master Plan, Official Map or Developmental
Ordinance.
A home, excluding travel trailers, which is a movable or
portable unit designed and constructed to be towed on its own chassis
(comprised of frame and wheels) and designed to be connected to utilities
for year-round occupancy. The term shall include:
Units containing parts that may be folded, collapsed or telescoped
when being towed and that may be expanded to provide additional cubic
capacity; and
Units composed of two or more separately towable components
designed to be joined into one integral unit capable of being again
separated into the components for repeated towing.
Any building containing more than 10 occupancy units that
are rented or hired out to transient clientele for sleeping purposes,
with parking places adjacent to the bedrooms, and which is subject
to the laws and regulations of the State of New Jersey.
An area of land devoted to residential buildings and accessory
uses on the same lot, such as informal open space, drives, parking
and service areas, but excluding land for public streets and nonresidential
buildings.
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 reasons 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 reasons of such adoption, revision or amendment.
An establishment primarily engaged in overall management
and generally supervisory functions, such as executive personnel,
finance, legal and sales activities, performed in a single location
or building for other branches or divisions of the same company.
A map, with changes and additions thereto, adopted and established
from time to time by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the New Jersey Municipal
Use Law, N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot under review 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 or
right-of-way.
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.
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 or right-of-way.
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.
Any concave, circular or dish-shaped device designed for
receiving communications or television signals from a satellite.
A space which, exclusive of driveways and turning areas,
is 10 feet wide and 20 feet long if in an enclosed garage or not less
than nine feet wide by 19 feet long if in the open and which is accessible
for the parking of one-vehicle. Required off-street parking areas
for three or more vehicles should be paved and have individual spaces
marked and shall be so designed, maintained and regulated that no
parking, backing onto or other maneuvering incidental to parking shall
be on any public street, walk or alley and so that any vehicle may
be parked or unparked without moving another.
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. The municipality may not
require that more than 10% of a performance guaranty be in cash, but
a developer may at his option provide that more than 10% of the performance
guaranty be in cash.
A clear and unoccupied space extending along the entire lot
line at a depth specified in this chapter. The depth of the perimeter
setback area shall be measured at right angles to the lot line of
the property.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity, containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
A residential community designed for senior citizens which
contains residential dwelling units, open space, medical and nursing
facilities as well as social, cultural and recreational facilities.
Senior citizens may contract for lifetime or lesser duration use of
a dwelling unit and, in addition, may receive health care, including
both long- and short-term medical and nursing care and other services,
including but not limited to food service, housekeeping, maintenance,
utilities and the use of recreational, social and cultural facilities.
Health and nursing care, food service and the use of recreational,
social and cultural facilities may also be offered on a contract basis
to nonresident senior citizens. The regulations for such a community
must comply with all applicable Federal regulations governing age-restricted
housing.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in the Zoning Ordinance.
The Municipal Planning Board established pursuant to the
New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23. Where the term
"Planning Board" appears in this chapter, "Zoning Board" may be used,
as applicable by law.
The map of a subdivision.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Clerk of the County of Atlantic for recording, in accordance with
law. A plat that receives final approval must be prepared by a New
Jersey licensed land surveyor. If the final plat also contains engineering
data and design, then it must also be signed by a New Jersey professional
engineer in accordance with all of the provisions of N.J.S.A. 46:23-9.9
et seq.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for tentative approval and meeting the requirements of Article XXI of this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article XX of this chapter.
A roofed open structure projecting from the exterior of the
wall and having at least 70% of the total area of the vertical planes
forming its perimeter unobstructed in any manner between floor and
ceiling. Sunrooms and similar structures would not apply. (No windows
allowed). Insect screening is allowed on rear and side setback porches
only.
[Ord. No. 05-2004]
The conferral of certain rights pursuant to the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49,
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges to induce water
recharge into the ground where practical and to lessen nonpoint pollution.
An open space area conveyed or otherwise dedicated to a municipal
agency, Board of Education, State or County agency or other public
body for recreational or conservational uses.
The majority of the full authorized membership of a municipal
agency.
A private or public space, including essential buildings
and structures used for play and recreational space for individuals.
A building or place designed and equipped for the conduct
of sports and leisure-time activities. For purposes of this chapter,
recreational facilities shall be limited to bowling alleys, skating
rinks, theaters, golf courses and driving ranges, miniature golf courses,
private and public sports and health clubs, indoor and outdoor swimming
pools and clubhouses, tennis courts and indoor racquet sports.
A facility in which recyclables, such as newspapers, books
and other products, glass, metal cans and other products are recycled,
reprocessed and treated to return such products to a condition in
which they may again be used in new products.
The process by which waste products are reduced to raw materials
and transformed into new and often different products.
A procedure by which services and/or real or personal property
is temporarily transferred to another person for a specific time period
in exchange for remuneration.
An establishment in which food and drink are prepared, served,
and consumed primarily within the principal building.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the restaurant and where ordering and pickup of food may
take place from an automobile.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
Any overland flow of water across the ground surface.
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district but properly
registered with the State of New Jersey.
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
Any device or representation for visual communication used
as, or which is in the nature of, an advertisement, announcement or
direction, including any letter, word, banner, pennant, insignia or
trade flag, but excluding any public traffic or directional signs.
Methods of illumination which may be divided into several
types:
General. The sign itself neither is lighted internally nor has
an external source of light specifically directed at it. Rather, the
sign depends on the general illumination of the area (e.g., parking
lot, traffic or pedestrian areas) for its illumination.
Internal. The sign is made of translucent material with internal
lights.
Back light. The letters are raised beyond the sign's background
and the cover-lighting sources which illuminate the background.
Spotlight. The sign is lighted by spotlights specifically directed
at it.
Lighting definitions:
CANDLEPOWER — The amount of light that will illuminate
a surface one-foot distant from a light source to an intensity of
one-footcandle. "Maximum (peak) candlepower" is the largest amount
of candlepower emitted by a lamp, light source or luminaire.
CUTOFF — The point at which all light rays emitted by
a lamp, light source or luminaire are completely eliminated (cut off)
at a specific angle above the ground.
CUTOFF ANGLE — The angle formed by a line drawn from the
direction of light rays at the light source and a line perpendicular
to the ground from the light source above which no light is emitted.
CUT-OFF TYPE LUMINAIRE — A luminaire with elements such
as shields, reflectors or refractor panels which direct and cut off
the light at a cutoff angle that is less than 90°.
FOOTCANDLE — A unit of illumination produced on a surface,
all points of which are one-foot from a uniform point source of one-candle.
GLARE — The brightness of a light source which causes
eye discomfort.
LUMINAIRE — A complete lighting unit consisting of a light
source and all necessary mechanical, electrical and decorative parts.
MAXIMUM PERMITTED ILLUMINATION — The maximum illumination
measured in footcandles at the interior buffer yard line at ground
level.
That area of a sign which:
In the case of freestanding, projecting and marquee signs, consists
of the entire surface area of the sign on which copy could be placed,
including the supporting structure or bracing of a sign. Where a sign
has two display faces of the same size back to back, the area of one
face shall be considered the sign face area. Where a sign has more
than one display face, all areas which can be viewed simultaneously
shall be considered the sign face area.
In the case of a sign, other than freestanding, projecting or
marquee, whose message is fabricated together with the background
which borders or frames that message, sign face area shall be the
total area of the entire background.
In the case of a sign, other than freestanding, projecting or
marquee, whose message is applied to a background which provides no
border or frame, sign face area shall be the area of the smallest
rectangle which can encompass all words, letters, figures, emblems
and other elements of the sign message.
In the case where the sign face area is computed as a percentage
of the building facade and the building is bordered by more than one
street, signage may be permitted for each facade fronting a street
but may not be combined and placed facing one street.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily 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 informed determination pursuant to the ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article VI of the Municipal Land Use Law, Chapter 291 of the Laws of 1975 (1976), N.J.S.A. 40:55D-37 et seq.
Standards:
Adopted by ordinance pursuant to the New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-65, 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
Required by applicable Federal or State laws or municipal ordinances.
An unoccupied structure, primarily used for the storage of
items customarily incidental to residential uses, which is not more
than 120 square feet in area and does not exceed 10 feet in height
at any point.
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor
or, if there is no higher finished floor, then that part between the
highest finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
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 chapter
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, 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.
A street carrying traffic from collector streets.
A street which carries traffic from minor streets to the
major system of arterial streets. They shall include the principal
entrance street(s) of a residential development and streets for circulation
within such a development.
The dividing line between a lot and a public street, road
or highway or a private street, road or way over which two or more
dominant estates have the right-of-way.
A street which is used primarily for access to the abutting
properties.
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
See "street, local."
Any change in the supporting members of a building or any
substantial change in the roof or in the exterior walls.
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.
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 division of land for sale or development,
except that the following shall not be considered subdivisions within
the meaning of this chapter if no streets are created: divisions of
land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; division of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and which conform to the
requirements of this chapter and are shown and designated as separate
lots, tracts or parcels on the tax map.
Said division shall not result in one or more vacant lots.
The property to be divided is in single ownership.
Said division shall result in not more than three lots fronting
upon an existing street.
Each lot shall have its own sewer and water connection connected
to an approved public system.
Subdivision also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or to the lands
or territory divided.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and such duties
relating to land subdivision which may be conferred on this Committee
by the Board.
Approval by the Planning Board of a preliminary plat with
rights as specified herein.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
A vehicular, portable structure built on a chassis designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified as a travel trailer by the manufacturer
of the trailer and, when factory equipped for the road, having a body
width not exceeding eight feet and a body length not exceeding 32
feet.
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks or any other motorized
vehicle.
The main or primary purpose or purposes for which land, a
structure or a building is designed, arranged or intended or for which
it may be occupied or maintained under this chapter.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to the New Jersey Municipal Land Use Law, 40:55D-60,
N.J.S.A. 40:55D-40 and 40:55D-70.
An establishment or places of business primarily engaged
in selling merchandise to retailers, to industrial, commercial, institutional
or professional business users or to other wholesalers or acting as
agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.
A window or portion of a window (including a window letter
either in addition to or as a substitute for mechanical ventilation)
which is required by an applicable law or statute or other City codes
or ordinances to provide light or ventilation to a room used for living
purposes.
An open, unoccupied space on the same lot with the main building
open and unobstructed from the ground upward.
A yard extending the full width of the lot and extending
from the front line of the main building, projected to the side lines
of the lot, to the street line.
A yard extending from the rear line of the lot to the rear
line of the main building, projected to the side lines of the lot.
The mean distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any story level.
A yard extending from the front yard to the rear yard between
the main building and the adjacent side line of the lot.
The minimum distance between the side lot line or its vertical
projection and the side walls of the building.
A document signed by the administrative officer which is
required by ordinance as a condition precedent to 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 the provisions
of the Municipal Zoning Ordinance or variance therefrom duly authorized
by a municipal agency pursuant to the New Jersey Municipal Land Use
Law, N.J.S.A. 40:55D-60 and 40:55D-70.
