[Amended 12-14-1981 by Ord. No. 21-81; 9-9-1991 by Ord. No. 11-91]
For the purposes of this chapter, certain phrases
and words are herein defined as follows: Words used in the present
tense include the future; words used in the singular number include
the plural number and vice versa; the word "used" shall include arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used; the word "lot" includes the words plot, premises, and
tract; the word "building" includes the words "structure," "dwelling,"
or "residence"; the word "shall" is mandatory and not discretionary.
Any word or term not defined herein shall be used with a meaning as
defined in Webster's Third New International Dictionary of the English
Language, unabridged (or latest edition). Moreover, whenever a term
is used in the chapter which is defined in N.J.S.A. 40:55D-1 et seq.,
such term is intended to have the meaning as defined in N.J.S.A. 40:55-1
et seq., unless specifically defined to the contrary in this chapter.
[1]
Editor’s Note: As provided by Ord. No. 13-04, adopted
3-11-2013, all references to masculine pronouns in this chapter shall
be construed to be gender neutral.
As used in this chapter, the following terms
shall have the meanings indicated:[1]
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. An
accessory building attached to the principal building shall be considered
part of the principal building.
The Borough Administrator of the Borough of Chatham, Morris
County, New Jersey.
A facility that provides a coordinated program of professional
services in a community-based group setting to functionally impaired
adults, age 18 or older, for part of the day, excluding overnight
stays. The services provided are designed to meet the social needs
and some health service needs of adults with impairments and/or medical
conditions needing treatment and monitoring to prevent premature institutionalization.
[Added 9-10-2012 by Ord. No. 12-13]
As set forth in N.J.S.A. 2C:34-6, an establishment which:
[Added 7-12-2010 by Ord. No. 10-10]
Offers as one of its principal purposes the sale, rental, exhibit,
or display of any of the following: books, magazines, publications
or other printed materials, photography, videotapes, or audiotapes,
still or moving films, computer disks, computer games, CD ROMs, DVDs,
or any other media or tangible item of any kind, depicting or exhibiting
a specified anatomical area or a specified sexual activity as each
is defined herein; or
Regularly features live performances characterized by the depiction
of a specified anatomical area or by a specified sexual activity as
each is defined herein; or
Regularly shows films, motion pictures, video cassettes, slides,
or other photographic or film representations which depict or describe
a specified anatomical area or specified sexual activity as each is
defined herein.
"Adult entertainment use" shall also include establishments
which constitute an adults-only club, adults-only restaurant, drinking,
or catering establishment, adult bookstores, adult video stores, adult
motion-picture theaters, and/or adult novelty/gift shops.
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property or off-tract property such as, but not limited
to, improper circulation and drainage right-of-way as defined in N.J.S.A.
40:55-1.2, as amended, inadequate drainage facilities, insufficient
street widths, unsuitable street grades, unsuitable street locations
to accommodate prospective traffic or coordinate and compose a convenient
system, locating lots in manner not adaptable for the intended purposes
without danger to health or peril from flood, fire, erosion or other
menace, providing for lots of insufficient size and neither providing
nor making future allowance for access to the interior portion of
the lot or for other facilities required by this chapter.
Newly constructed or rehabilitated housing units within the
means of a low- or moderate-income household as defined in Subchapter
12, Controls on Affordability of the substantive rules of the Council
on Affordable Housing (COAH).
[Added 2-8-1988 by Ord. No. 3-88]
Any agreement entered into between the Borough and a Developer
setting forth mutual obligations and rights with respect to the objectives
of the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
[Added 2-8-1988 by Ord. No. 3-88]
Dwelling units designed for, and occupied by, at least one
person 55 years of age or older per dwelling unit.
[Added 11-24-2014 by Ord. No. 14-09]
Any change, addition or modification in construction or arrangement;
any change in use from that of one district classification to another;
and removal of a building from one location to another.
See "dwellings."
[Amended 9-9-1991 by Ord. No. 11-91]
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner
submitting an application under this chapter.
An application may be an application for development, application
for appeal of a Borough Official’s decision, application for
change of permitted use with waiver of site plan, or application for
such other relief as is permitted under this chapter and/or the Municipal
Land Use Law. An application shall consist of a submission of completed
application form(s) provided by the Borough, together with all applicable
completed checklists, plans, reports, and documents required under
the checklists and this chapter, and the payment of all required fees
and escrows.
[Added 3-11-2013 by Ord. No. 13-04]
The application or appeal forms and all accompanying documents
required by this chapter for approval of a subdivision plan, site
plan, conditional use, zoning variance or direction of the issuance
of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
[Amended 3-11-2013 by Ord. No. 13-04]
A room or rooms where works of art, including, without limitation,
paintings, sculptures, pottery, glass, and weaving, are exhibited
and displayed for sale and/or public education and enjoyment. Framing
services and sales of art supplies may also be provided in conjunction
with any principal gallery use.
[Added 9-10-2012 by Ord. No. 12-13]
The unfinished space between the ceiling joists or the floor
of the top story and the bottom of the roof rafters.
[Added 4-28-2003 by Ord. No. 03-08;
amended 4-26-2010 by Ord. No. 10-09]
A cover of canvas or other flexible material stretched over
a frame, that projects from the wall of a building for the purpose
of shielding a doorway, window, porch, deck or other building extension
from the elements and the like, constructed and installed in such
a manner as not to impede the flow of pedestrian traffic and compatible
in color and design with the structure to which it is attached. In
residential districts, awnings shall be of a traditional design, made
of cloth or clothlike materials. Awnings may either be retractable
or built on permanent pipe frameworks.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-9-1991 by Ord. No. 11-91; 2-27-1995 by Ord. No. 4-95; 5-23-2005 by Ord. No.
05-18]
A permanent border or section of an awning attached at the
bottom of the main part of the awning, where verbiage or other permitted
signs options can be displayed. The height of an awning fringe shall
not exceed nine inches.
[Added 10-24-2011 by Ord. No. 11-18]
A portion of a building having more than 50% of its clear
height below the average finished contact grade along the outside
of the building.
[Amended 4-26-2010 by Ord. No. 10-09]
To calculate the average finished contact grade, measurements
shall be taken of the clear height at each building corner and at
each midpoint between each building corner. Clear height shall be
the distance from the foundation sill to the finished contact grade.
To be defined as a basement, the clear height average from these
measurements shall be less than half of the distance from the foundation
floor to the foundation sill.
A room planned or used primarily for sleeping.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Chatham.
The piercing of any portion of the human body for the placement
of any type of jewelry or other ornamentation, other than ear lobe
and nose piercing.
[Added 7-12-2010 by Ord. No. 10-10]
An establishment or business engaged in providing the service
of piercing a person's skin or other part of the human body, other
than the ear lobe or nose.
[Added 7-12-2010 by Ord. No. 10-10]
Borough of Chatham, Morris County, New Jersey.
An official of the Borough of Chatham, unless a specific
official or officials are otherwise designated by ordinance or statute.
[Added 3-11-2013 by Ord. No. 13-04]
A facility offering transient lodging accommodations to the
general public with up to 100 rooms and which may include additional
facilities and services, such as restaurants, meeting rooms, and recreational
facilities.
[Added 11-24-2014 by Ord. No. 14-09]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
[Amended 9-9-1991 by Ord. No. 11-91]
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the facades and including the area under the roof of
any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
Measurement of a proposed building from the original ground
elevations, as determined from United States Geological Survey maps,
to the points described in Subsection A, B or C in this definition.
The intent of the Code of the Borough of Chatham is to limit height
to the specified maximum footage and specified number of stories within
the maximum footage. Building height shall be determined by measuring
the height at each corner of the building from the original ground
elevation to the points described in Subsection A, B or C of this
definition. The measurements shall then be averaged as to the maximum
and minimum vertical distances from the original ground elevations:
[Amended 11-9-1987 by Ord. No. 15-87; 9-9-1991 by Ord. No. 11-91; 4-26-2010 by Ord. No. 10-09]
For mansard roofs with no other structures thereon except chimneys,
to the decline. The mansard may not extend above the deckline by more
than 10% of the building height;
For gabled, hip and/or gambrel roofs with no other structures
thereon except chimneys, to the highest point of any roof surface;
For all other roof types, including flat roofs, to the top of
any roof surface or any structure on the roof, including but not limited
to elevators, escalator penthouses or cooling towers, or one foot
above any structure housing or screening mechanical or other equipment.
See "sign, building marker."
[Added 10-24-2011 by Ord. No. 11-18]
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing; building maintenance; employment service; management
and consulting services; protective services, equipment rental and
leasing; commercial research; development and testing; photo finishing,
and personnel supply services.
[Added 11-9-1987 by Ord. No. 15-87]
A rooflike structure supported by posts, columns or walls above a pedestrian, service, parking or other open area, to shield the area from the elements and the like, and constructed with a flat, domed or peaked roof. The canopy shall be open on at least two sides to permit the passage of pedestrians or motor vehicles. The lowest surface (equivalent to a ceiling) of a canopy, other than one located at a service station, shall be no more than 10 feet above the lowest point of the finished surface below it. When the canopy is not attached to another structure on the property, it shall be known as a "detached canopy." When the canopy is attached to another structure or structures on the property, it shall be known as an “attached canopy.” Canopies located in a Historic District shall be reviewed in accordance with Article X of this chapter.
[Added 9-9-1991 by Ord. 11-91; amended 5-23-2005 by Ord. No.
05-18]
A roofed building attached to an existing building and enclosed
on not more than three sides, providing space for the parking of motor
vehicles.
[Added 9-9-1991 by Ord. 11-91]
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
A certificate of complete application is a document supplied
to an applicant by the Borough Zoning Official or his/her designee,
and/or the Administrative Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, at the time that an application
has been reviewed and determined to be complete. The date that an
application is determined to be complete, as evidenced by the certificate
of complete application, shall be the date from which all applicable
time limits under law begin.
[Added 3-11-2013 by Ord. No. 13-04]
An application which seeks a change of permitted use with waiver of site plan in accordance with § 165-157C or D. Approval shall require change from one permitted use to another permitted use and shall be limited to change within a particular use group, as determined by the Borough Zoning Official.
[Added 3-11-2013 by Ord. No. 13-04]
A list of requirements, documents, and information that must be provided in order for an application to be accepted as a complete application or returned and deemed as incomplete. Checklists have been adopted by the Borough of Chatham and are made a part of this chapter, as set forth in § 165-161 and attachments to this Chapter 165.[2]
[Added 3-11-2013 by Ord. No. 13-04]
An institution or place, for which, upon completion, a license
is required from the New Jersey State Department of Human Services
pursuant to N.J.S.A. 30:5B-1 et seq., and which, for compensation
or otherwise, receives for temporary custody six or more children
under the age of six years, apart from their parents or legal guardians,
during part or all of the day but for not less than three hours each
day.
[Added 9-26-2011 by Ord. No. 11-16]
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, or other commercial activity.
[Added 2-27-1995 by Ord. No. 4-95]
Any vehicle which is not a private vehicle as defined in
this chapter.
[Amended 9-9-1991 by Ord. No. 11-91]
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon and designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
An application completely filled out and signed by the applicant,
accompanied by all required documents and information in form and
content and in sufficient number as prescribed by this chapter along
with payment of all required fees, as determined by the Zoning Official
or his/her designee.
[Added 3-11-2013 by Ord. No. 13-04]
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 specified in this chapter.
An exterior floor supported on at least two opposing sides by an adjacent structure, posts, piers or other independent supports. See § 165-94.
[Added 9-23-2002 by Ord. No. 02-18]
The total number of dwelling units existing or permitted
on a tract divided by the total developable area of the tract. The
result is expressed as dwelling units per acre.[3]
[Added 2-8-1988 by Ord. No 3-88]
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 any
mining, excavation or land fill, and any use or change in use of any
building or other structure or land or extension of use of land, for
which permission may be required.
A facility for scientific laboratory collection and analysis
of blood, tissue, or other biological specimens.
[Added 12-14-2020 by Ord. No. 20-15]
A window or windows set vertically in a gable projecting
from a sloping roof. A window dormer is a small gable where the width
is narrow and only a little wider than the window.
[Added 4-26-2010 by Ord. No. 10-09]
A larger gable that has a peak, and may extend the full length
of the roof, and contains one or more windows.
[Added 4-26-2010 by Ord. No. 10-09]
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, 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.
[Added 9-9-1991 by Ord. No. 11-91]
APARTMENT HOUSEA dwelling containing more than two dwelling units.
APARTMENT UNITA dwelling unit in a building containing more than two dwelling units, or more than one use, and which consists of one or more rooms with a private bath and kitchen facilities, with each apartment having its own entrance to a hallway or staircase and any ground floor entrances to apartments being separate from entrances for nonresidential ground-floor uses.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-10-2012 by Ord. No. 12-13]
DETACHED SINGLE FAMILYA building physically detached from other buildings which is occupied or intended to be used as a single dwelling unit.
DWELLING UNITA room or series of connected rooms designed for permanent residency containing living, sleeping, and sanitary facilities, and one kitchen, for one housekeeping unit.
GARDEN APARTMENTA building containing a minimum of five dwelling units and not exceeding 2 1/2 stories in height.
GARDEN APARTMENT UNITA dwelling unit in a building containing a minimum of five dwelling units and not exceeding 2 1/2 stories in height.
TOWNHOUSEA one-family dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.
TWO FAMILYA building containing two dwelling units, each having entrances on the first floor. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except by access to the outside or a common basement.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the municipality, public, a corporation
or particular persons for specific uses.
Retail establishments selling prepared food and drink within
an enclosed building, without table service, for immediate consumption
on or off the premises, such as lunch counters, ice cream parlors,
delicatessens/sandwich shops, luncheonettes, and pizzerias. No eating
or drinking establishment shall have any walk-up windows nor any drive-through
aisles or windows. "Table service" is defined as customers' orders
taken at tables where customers will be served.
[Added 11-9-1987 by Ord. No. 15-87;
amended 4-25-2011 by Ord. No. 11-07; 9-10-2012 by Ord. No. 12-13]
Educational instruction, including dance, music, and art
schools, as well as tutoring and test preparation services, provided
in a room or series of room(s). Retail sales of materials directly
related to instructional activity conducted on-site may be provided
in conjunction with principal educational instruction use. Educational
instruction shall not include recreational instruction, as defined
in this chapter.
[Added 9-10-2012 by Ord. No. 12-13]
The front or side face or elevation of a building including
the area of the windows and doors.
[Added 2-27-1995 by Ord. No. 4-95]
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
[Added 11-9-1987 by Ord. No. 15-87]
See § 165-72.
[Added 9-9-1991 by Ord. No. 11-91]
The aggregate sum of the horizontal areas of the several
floors of the building measured from the exterior face of the exterior
walls of all enclosed portions of the building, including but not
limited to closets, stairs, foyers, storage areas, interior fireplaces,
attics, at- or above-grade attached garages, and detached garages.
[Amended 4-26-2010 by Ord. No. 10-09]
The regulations contained in § 165-22 of the Code of the Borough of Chatham and in this section, which describe floor area ratio and its calculations for residential uses, shall be applicable in the B1, B2, B3, B4, B5 and B6 Business Districts of the Borough of Chatham.
[Added 4-26-2010 by Ord. No. 10-09]
[Added 12-29-1997 by Ord. No. 17-97; amended 6-11-2001 by Ord. No.
01-07; 4-26-2010 by Ord. No. 10-09[4]; 11-22-2010 by Ord.
No. 10-30; 9-28-2015 by Ord. No. 15-14]
On any lot containing a one- or two-family residential dwelling,
the sum of the gross horizontal areas of the several floors of a building,
calculated by using the exterior faces of the exterior walls of all
enclosed portions of the building. The following spaces shall be included
in calculating residential floor area:
Any horizontal floor space contained in any halls, storage areas,
and above-grade attached garages;
Any horizontal floor space which has more than 12 feet of clearance
above it to the ceiling or roof shall be counted twice (doubled),
and any horizontal floor space which has more than 20 feet of clearance
above it to the ceiling or roof shall be counted three times (tripled);
and
Any horizontal floor space on a porch other than an open porch.
The following shall not be included in calculating residential
floor area:
Any horizontal floor space which does not have at least seven
feet of clearance above the floor rafters, or floor to the ceiling,
or floor to the bottom of a roof rafter, or floor to a ridge rafter;
Any horizontal floor space contained in a basement (see definition)
or on a deck;
Below-grade attached garages;
Open porches and open porticos;
Accessory structures, including detached garages, which meet
height and setback requirements or received variance relief.
The sum of the horizontal areas of all floors of buildings
on a lot divided by the total lot area of the site, expressed as a
percentage.
The area encompassed by a building’s outer wall at
ground level.
[Added 3-11-2013 by Ord. No. 13-04]
A building or portion thereof, or a building or portion thereof
and carport, designed for the storage or parking of up to three private
vehicles, or two private vehicles and one commercial vehicle, and
in which no business, service or industry is conducted or rendered.
[Amended 9-9-1991 by Ord. No. 11-91; 6-11-2001 by Ord. No.
01-07]
A garage conducted as a business for the storage or parking
of motor vehicles. The rental of parking or storage space for more
than two vehicles not owned by persons residing on the premises shall
be deemed a business use.
[Amended 9-9-1991 by Ord. No. 11-91]
See "dwellings."
[Amended 9-9-1991 by Ord. No. 11-91]
The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. See also § 165-78, Lighting.
[Added 10-24-2011 by Ord. No. 11-18]
The slope of a road, path, driveway, swale or other surface
or the average finished ground elevation adjoining a building at project
completion.
The aggregate sum of the horizontal areas of all enclosed
floors of a building or buildings, measured from the exterior face
of the exterior walls of all enclosed portions of the building, including,
but not limited to closets, stairs, foyers, and storage areas. All
attic, cellar or basement space(s) occupied for storage or other ancillary
uses with the exception of mechanical equipment shall also be included
in gross floor area.
[Added 3-11-2013 by Ord. No. 13-04]
See "building height" within this section.
[Added 4-26-2010 by Ord. No. 10-09]
See "building height."
[Amended 9-9-1991 by Ord. No. 11-91; 4-26-2010 by Ord. No.
10-09]
[Added 7-25-1988 by Ord. No. 15-88;
repealed 9-11-2000 by Ord. No. 14-2000]
[Added 7-25-1988 by Ord. No. 15-88;
repealed 9-11-2000 by Ord. No. 14-2000]
A customary occupation, including a home professional office,
carried on in a dwelling by the resident thereof as an accessory use
in a residence district. The term shall not include such businesses
or occupations as the operation of a beauty parlor, barbershop, auto
repair, servicing or body shop, convalescent or nursing home, insurance
or real estate agency, tourist house, kennel or stable, massage parlor,
or other similar establishments which offer services to the general
public and which have a tendency to create excessive traffic or noise.
An occupation shall not fall within the definition of a home occupation
unless it is carried on only by a member of the family residing on
the premises, the nameplate on the exterior does not exceed one square
foot in area, there is no other display that will indicate from the
exterior that the building is being utilized in whole or in part for
any purposes other than that of a dwelling, there is no stock-in-trade
nor commodity sold upon the premises, not more than one person is
employed other than a member of the family residing on the premises,
and no mechanical equipment is used except as is customary for purely
domestic and household purposes or in connection with permitted professional
offices.
[Amended 9-9-1991 by Ord. No. 11-91]
A home occupation consisting of the office of a practitioner
of a recognized profession, including but not limited to doctor, dentist,
lawyer and accountant.
[Added 11-9-1987 by Ord. No. 15-87; 9-9-1991 by Ord. No. 11-91]
Licensed hospitals and similar facilities engaged primarily
in providing diagnostic services and extensive medical treatment,
including surgical and other hospital services. These establishments
have an organized medical staff, inpatient beds, and equipment and
facilities to provide complete health care and are licensed by the
state as hospitals.
[Added 12-14-2020 by Ord. No. 20-15]
One or more persons living together in one dwelling unit
and sharing living, sleeping, and sanitary facilities, and one kitchen,
in domestic relationship based on birth, marriage or other domestic
bond, as distinguished from a group occupying a boarding or rooming
house, co-op, club, fraternity or hotel.
[Amended 9-9-1991 by Ord. No. 11-91]
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory or conditional
uses.
[Added 10-24-2011 by Ord. No. 11-18]
A development containing both affordable units and market
rate units. This term includes, but is not limited to: new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
[Added 2-8-1988 by Ord. No. 3-88; amended 10-24-2016 by Ord. No. 16-11]
A commercial facility enclosed within a building designed
and equipped for the conduct of sports and other recreational activities
as a business and open to the public for a fee and/or on a membership
basis. Includes athletic clubs, tennis clubs, squash clubs, health
and fitness clubs, swim clubs, indoor climbing, and similar recreation
and fitness activities. This definition includes accessory snack/juice
bars and retail sales of related sports apparel and equipment, provided
such uses do not exceed a combined 1,500 square feet of floor area.
[Added 11-24-2014 by Ord. No. 14-09]
A nonprofit or quasi-public use or institution such as a
church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purpose.
[Added 11-9-1987 by Ord. No. 15-87]
Any activity involving the excavating, moving, filling or
grading of land, including the creation of or an addition to a driveway
or parking area. Ordinary lawn care, landscape and gardening activities
are excluded, provided that they do not alter the drainage or topography
of the land.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-9-1991 by Ord. No. 11-91]
A live/work unit is defined as a single unit (e.g., studio,
loft, or one bedroom) consisting of both a commercial/studio space
and a residential component that is occupied by the same resident.
The live/work unit shall be the primary dwelling of the occupant and
the work space shall be related to the visual arts.
[Added 11-24-2014 by Ord. No. 14-09]
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading, with 15 feet of vertical clearance. No
portion of a loading space shall extend over a public street right-of-way.
[Amended 9-9-1991 by Ord. No. 11-91]
A designated parcel, tract or area of land established by
a plan or otherwise as permitted by law and to be used, developed
or built upon as a unit.
[Amended 3-11-2013 by Ord. No. 13-04]
The area measured in square feet contained within the lot
lines of a lot not including any portion of a street right-of-way.
[Amended 9-9-1991 by Ord. No. 11-91]
A lot fronting on two streets at their intersection. In a
residence district, the owner, when first applying for a building
permit, shall designate which of the two streets is to be the principal
frontage for the purpose of establishing the front, rear and side
yard requirements.
The square footage by which all buildings, decks, pools, parking areas, drives and driveways, paved or unpaved, walks and patios, as measured in a horizontal plane, cover a lot. Maximum allowed lot coverage in this chapter shall be determined by referring to the lot coverage as a portion of the total lot area. With respect to decks, only 50% of the area of a deck will be included in lot coverage if the deck complies with all the requirements of § 165-94, Decks, set forth herein.
[Amended 9-9-1991 by Ord. No. 11-91; 9-23-2002 by Ord. No.
02-18]
The length of the front lot line measured at the street right-of-way
line. Where the front lot line is curved or offset (not at right angles
to the side lot lines), the minimum frontage at the street, measured
by the shortest line intersecting the side lot lines within the lot,
shall be not less than 80% of the required minimum lot width.
[Amended 9-9-1991 by Ord.
No. 11-91; 12-11-2017 by Ord. No. 17-12]
A lot other than a corner lot.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line and shall be maintained
for a distance of 40 feet toward the rear yard from the required front
yard setback line. In the single- and two-family dwelling zones, lot
width is measured by placing a rectangle along the minimum front building
setback line. Where the setback line is curved, the rectangle is placed
on the line between the intersection points of the setback line with
the side lot lines (see Figure 1). The rectangle must have a minimum
width equal to the minimum lot width specified for the zone. The rectangle
must have a minimum depth of 40 feet, or extend to the rear property
line, whichever is less. The rectangle must fit entirely within the
lot.
[Amended 12-11-2017 by Ord. No. 17-12]
|
Figure 1
 |
A household with a total gross annual household income equal
to 50% or less of the median household income.
[Added 10-24-2016 by Ord.
No. 16-11]
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region defined in N.J.A.C. 5:92-1 of which Chatham is a part, and
subject to affordability controls.[7]
[Added 2-8-1988 by Ord. No. 3-88]
Any security which may be required and accepted by a governmental
agency to assure that necessary improvements will function as required
for a specific period of time.
[Amended 9-9-1991 by Ord. No. 11-91]
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board.
Room(s) for conducting a medical business, including, but
not limited to, offices of medical doctors, dentists, dental surgeons,
veterinarians, chiropractors, podiatrists, psychologists and licensed
therapists. Medical services, diagnostic laboratories, residential
care facilities, and hospitals are not included in this definition.
[Amended 11-12-1984 by Ord. No. 18-84;
Amended 9-9-1991 by Ord. No. 11-91; 9-10-2012 by Ord. No. 12-13; 12-14-2020 by Ord. No. 20-15]
A diagnostic laboratory or a state-licensed ambulatory care
facility for examining and treating patients with medical problems
on an outpatient basis, including ambulatory surgical care or similar
medical services that require a stay of less than 24 hours, including
treatment, diagnostic services, radiological services, training, administration,
and services to outpatients, employees, or visitors. Medical services
does not include hospitals, medical/dental offices or residential
care facilities.
[Added 9-10-2012 by Ord. No. 12-13; amended 12-14-2020 by Ord. No.
20-15]
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
[Added 2-8-1988 by Ord. No. 3-88; amended 10-24-2016 by Ord. No. 16-11]
Three or more dwelling units within a single building that
share common horizontal separations and that have an entrance to each
dwelling by direct access from the outside or through a common hall.
[Added 11-24-2014 by Ord. No. 14-09]
The Planning Board, Board of Adjustment or governing body
or any agency created by or responsible to one or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
Premises used for the exhibition of objects of cultural,
historical, or scientific interest, and which may include the collection
or preservation of such objects, for the recreation or cultural education
of the public.
[Added 9-10-2012 by Ord. No. 12-13]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
[Amended 9-9-1991 by Ord. No. 11-91]
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.
[Added 9-9-1991 by Ord. No. 11-91]
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
A building(s) providing shelter and/or supplemental health
care, including in-patient beds, for the elderly or infirm and meeting
the standards of and licensed by the State of New Jersey, to operate
as a nursing home.
[Added 9-10-2012 by Ord. No. 12-13]
As set forth in N.J.S.A. 2C:34-2a(1), any description, narrative
account, display, or depiction of sexual activity or anatomical area
contained in, or consisting of, a picture or other representation,
publication, sound recording, live performance, or film, which by
means of posing, composition, format or animated sensual details:
[Added 7-12-2010 by Ord. No. 10-10]
Depicts or describes in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of the genitals; and
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole; and
Is a part of a work, which to the average person applying contemporary
community standards, has a dominant theme which, taken as a whole,
appeals to the prurient interest.
A room or group of rooms used for conducting the affairs
of a business, professional, service, industry, or government. For
purposes of permitted uses within zoning districts, offices shall
mean all offices with the exception of medical/dental offices and
professional offices.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-10-2012 by Ord. No. 12-13]
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
[Amended 9-9-1991 by Ord. No. 11-91]
Not located on the property which is the subject of a development
application or 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.
Retail establishments selling food and drink for consumption
on or off the premises wherein a part or all of the dining area is
located outdoors, or where customers or patrons purchase or receive
food outdoors.
[Added 11-9-1987 by Ord. No. 15-87]
An area of not less than nine feet wide by 18 feet in length
(unless otherwise specified), either within a structure or in the
open, for the parking of motor vehicles, exclusive of driveways, access
drives, fire lanes, public rights-of-way and loading areas. In the
case of detached dwelling units, the portion of a private driveway
not within the public street right-of-way shall be considered a parking
space or spaces. The area is intended to be sufficient to accommodate
the exterior extremities of the vehicles, whether in addition thereto
wheel blocks are installed within this area to prevent the bumper
from overhanging one end of the parking space. The width and length
of each space shall be measured perpendicular to each other regardless
of the angle of the parking space to the access aisle or driveway.
[Amended 11-9-1987 by Ord. No. 15-87; 9-9-1981 by Ord. No. 11-91]
Any security, which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guarantee in cash.
[Amended 9-9-1991 by Ord. No. 11-91]
Any use of land or buildings as permitted by this chapter.
Establishments primarily engaged in providing services involving
the personal care of a person, his or her personal goods or apparel,
including the following: day spas, hair salons, beauty salons, and
barbershops; skin care and nail salons; shoe repair; clothing and
garment services such as cleaning, pressing, rental, and tailoring;
licensed massage therapy, bodywork and somatic therapy (See Chapter
289 for permit requirements); funeral services; pet grooming and pet
day care. Recreational instruction and educational instruction uses
are not included in the definition of personal services.[8]
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-9-1991 by Ord. No. 11-91; amended 4-25-2005 by Ord. No.
05-09; 9-10-2012 by Ord. No. 12-13]
A porch or veranda which is open to the weather at all times,
and which contains only handrails between columns; an open porch contains
no screens or glass or the structures for holding screens or glass.
[Added 12-29-1997 by Ord. No. 17-97]
A standing or walkway area with a roof supported by columns
at an entrance to a building.
[Added 4-26-2010 by Ord. No. 10-09]
The main purpose for which a lot or building is used.
A structure or lot which is accessory to a commercial or
office establishment, building or use and is primarily for the parking
and storage of vehicles operated by the customers, employees, and
visitors.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-9-1991 by Ord. No. 11-91]
A parking area for the private use of the owners or occupants
of the lot on which the parking area is located.
[Added 11-9-1987 by Ord. No. 15-87]
A motor vehicle which has private license plates and which
does not display any written indication of a business use which is
visible from the exterior.
[Added 9-9-1991 by Ord. No. 11-91]
The office of a member of a recognized profession, including,
but not limited to, attorney at law, accountant, architect, engineer,
which shall be so designated by the approving authority upon finding
that such operation is professional in character and requires at least
a bachelor's degree from an accredited college or university, licensing,
training and experience as a condition for the practice thereof. The
issuance of a state or local license shall not alone merit professional
standing. Professional office shall not include medical/dental offices
for purposes of use regulation within zoning districts.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-9-1991 by Ord. No. 11-91; 9-10-2012 by Ord. No. 12-13]
A parking area available to the public, with or without compensation.
[Added 11-9-1987 by Ord. No. 15-87]
The use of land or buildings by the Borough of Chatham or
any other officially created authority or agency thereof.
[Amended 9-9-1991 by Ord. No. 11-91]
Recreational instruction, including yoga, pilates, martial
arts, and personal training studios (but excluding health clubs),
provided in a room or series of rooms. Retail sales of good directly
related to instructional emphasis on-site may be provided in conjunction
with the principal recreational instruction use.[9]
[Added 9-10-2012 by Ord. No. 12-13]
The land and buildings designed and used for the structural
and/or cosmetic repair and the incidental mechanical repair of motor
vehicles for monetary compensation, and where no outside vehicle storage
on the premises is allowed for more than one week.
[Amended 9-9-1991 by Ord. No. 11-91]
The land and buildings designed and used predominantly for
the mechanical repair of motor vehicles for monetary compensation,
and where no outside vehicle storage on the premises is allowed for
more than one week.
[Amended 9-9-1991 by Ord. No. 11-91]
Any facility licensed by the State Department of Human Services,
public or private, which, for gain or otherwise, regularly provides
one or more persons with twenty-four-hour-per-day substitute care,
food, lodging, training, education, supervision, habilitation, rehabilitation,
and medical treatment they need, but which for any reason cannot be
furnished in the person's own home.
[Added 12-14-2020 by Ord. No. 20-15]
Establishment where food and drink is prepared, served, and
consumed within an enclosed building, and wherein food is served primarily
by providing table service. "Table service" is defined as taking customer's
orders at tables where they will be served. No restaurant shall have
any walk-up windows nor any drive-through aisles or windows.
[Added 11-9-1987 by Ord. No. 15-87;
amended 4-25-2011 by Ord. No. 11-07; 9-10-2012 by Ord. No. 12-13]
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.
[Amended 9-9-1991 by Ord. No. 11-91]
Establishments providing services, as opposed to products,
to the general public, including, but not limited to, finance, real
estate and insurance, travel agencies, copying, mailing and packing
services, and photographic services. Educational instruction and recreational
instruction services are excluded from this definition of retail services
for purposes of uses permitted within zoning districts. No retail
service use shall have any walk-up windows nor any drive-through aisles
or windows.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-9-1991 by Ord. No. 11-91; 9-10-2012 by Ord. No. 12-13]
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption. Even though
certain establishments, including but not limited to hardware, paint,
glass and wallpaper stores, may do a substantial portion of their
business with contractors, they are included in this definition of
retail trade. No retail trade establishment shall have any drive-through
vehicular aisles or windows, or any service to the public in that
manner.
[Added 11-9-1987 by Ord. No. 15-87;
amended 9-9-1991 by Ord. No. 11-91; 9-10-2012 by Ord. No. 12-13]
The ridge board at the top of roof framing to which the rafters
are attached.
[Added 4-26-2010 by Ord. No. 10-09]
Any apparatus which is designed for the purpose of receiving
and/or transmitting television, radio, microwave, or similar signals
by satellite.
[Added 12-9-1985 by Ord. No. 21-85;
amended 9-9-1991 by Ord. No. 11-91]
Land and buildings provided for the sale of fuel, lubricants
and automotive accessories, maintenance and minor repairs for motor
vehicles, but not for vehicle body repairs or painting, car washing
operations, car or truck rentals, parking for a fee, outside storage
of motor vehicles on the premises for more than one week, or any other
activity not specifically a part of the service station use.
[Amended 9-9-1991 by Ord. No. 11-91]
That line that is the required minimum distance from the
street line, or any other lot line that establishes the area within
which the structure or any part thereof must be erected or placed.
For any exceptions, see the various definitions of Yards in this section.
[Amended 9-9-1991 by Ord. No. 11-91]
See definition of "adult entertainment use" herein.
[Added 7-12-2010 by Ord. No. 10-10]
A group of commercial establishments built on one tract that
is planned and developed as an operating unit; it provides on-site
parking in definite relationship to the type and total size of the
stores. The commercial establishments may be located in one or several
buildings, attached or separated.
A usually paved walk for pedestrians at the side of either
a public street or a vehicle accessway open to the public.
[Added 8-11-2003 by Ord. No. 03-16]
A triangular-shaped area established in accordance with the
requirements of this chapter in which no grading, planting or structure
shall be erected or maintained higher than two feet in height, except
for street signs, fire hydrants and light standards.
A visible device appearing on or apparent from a building
or structure that uses letters, symbols, color, or form to advertise
or announce the purpose of a person or entity, or to communicate information
of any kind to the public.
[Amended 9-9-1991 by Ord. No. 11-91; 2-27-1995 by Ord. No.
4-95]
The dimensions or area of a sign shall be considered as being
the smallest rectangle enclosing all letters, symbols, and other devices,
or the area of its background if distinguishable from a larger background
such as the wall of a building. When two identical sign faces are
placed back to back so that both faces cannot be viewed from any point
at the same time, the sign area shall be computed by the measurement
of one of the faces.
[Added 2-27-1995 by Ord. No. 4-95]
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
[Added 2-27-1995 by Ord. No. 4-95]
A sign listing names of businesses or offices in a building
or complex.
[Added 2-27-1995 by Ord. No. 4-95]
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
[Added 2-27-1995 by Ord. No. 4-95]
All light sources for signs shall be white. An externally
illuminated sign is one the surface of which receives light from outside
the sign. An internally illuminated sign is one the surface of which
receives light from within or from the rear of the sign.
[Added 2-27-1995 by Ord. No. 4-95]
A sign, generally informational, that has a purpose secondary
but related to the use of the lot on which it is located, such as
“no parking,” “entrance,” “loading only,”
“telephone” and other similar directives. No sign with
a commercial message legible from a position off the lot on which
the sign is located shall be considered incidental.
[Added 2-27-1995 by Ord. No. 4-95; amended 5-23-2005 by Ord. No.
05-19]
Changing of surface sign space, ornamental molding, frames,
trellises or ornamental features or landscaping below the baseline;
or the addition, construction, installation or changing of electrical
wiring or electrical devices, or other embellishments. Replacement
of a panel in any interior-lit sign other than with a dark or opaque
background shall be considered a modification.
[Added 2-27-1995 by Ord. No. 4-95]
Any sign not permanently attached to the ground or other permanent structure. In the business and industrial districts, portable signs are limited to political signs in conformance with § 165-99D and real estate, work-in-progress, easel, or sandwich board signs in conformance with § 165-99E. In residential districts, portable signs are limited to political signs in conformance with § 165-99D and real estate, work-in-progress, and garage sale signs in conformance with § 165-106C.
[Added 2-27-1995 by Ord. No. 4-95; amended 10-24-2011 by Ord. No.
11-18]
Any sign affixed to a building or wall in such a manner that
its leading edge extends beyond the surface of such building or wall.
[Added 2-27-1995 by Ord. No. 4-95]
Any sign attached parallel to, but within 12 inches of, a
wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
[Added 2-27-1995 by Ord. No. 4-95]
A sign, as herein defined, placed inside within one foot
of, or upon the inside of any glass or translucent material in, a
wall opening of a building. Each such opening separated by a vertical
supporting structural member shall be considered a separate single
window, regardless of the number of lights or panes, or whether it
is a window or a door.
[Added 2-27-1995 by Ord. No. 4-95; amended 5-23-2005 by Ord. No.
05-19]
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
[Added 9-9-1991 by Ord. No. 11-91]
A development plan of one or more lots on which is shown:
[Amended 9-9-1991 by Ord. No. 11-91]
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,
screening devices; and
Any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
The approval by the appropriate Board of a site plan.
[Added 9-9-1991 by Ord. No. 11-91]
The examination of the specific development plans for a site.
[Amended 9-9-1991 by Ord. No. 11-91]
Degree of deviation of a surface from the horizontal, usually
expressed in percentages or degrees.
[Added 9-9-1991 by Ord. No. 11-91]
Excavation or removal of soil on a site, other than for use
on the site.
[Amended 9-9-1991 by Ord. No. 11-91]
As set forth in N.J.S.A. 2C:34-6c, less than completely and
opaquely covered human genitals, pubic region, buttock, or female
breast below a point immediately above the top of the areola, or human
male genitals in a discernibly turgid state, even if completely and
opaquely covered.
[Added 7-12-2010 by Ord. No. 10-10]
As set forth in N.J.S.A. 2C:34-6d, any actual or simulated
act of human masturbation, sexual intercourse, or deviate sexual intercourse,
or any fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttock of the human male or female, or the
breasts of the female, whether alone or between members of the same
or opposite sex or between humans and animals.
[Added 7-12-2010 by Ord. No. 10-10]
The space between the upper surface of any floor and the
next upper surface of the floor or roof above, except that the topmost
story shall be that portion of a building included between the upper
surface of the topmost floor and the ceiling or roof above.
[Added 9-9-1991 by Ord. No. 11-91; amended 4-26-2010 by Ord. No.
10-09]
A half story is a portion of a building between the upper surface
of a floor and the roof above where the enclosed space has an average
clear height of not more than five feet.
To calculate the average clear height of a building level, height
measurements shall be taken at each corner of the interior space and
at the midpoint between each corner, from the upper surface of the
floor to the next upper surface of the floor or roof above. The measurements
shall then be averaged, and if the average is more than five feet,
the building level shall be considered a story.
If gable and/or shed dormers are included on sloping roofs,
the calculation of average clear height shall include height measurements
at the interior corners of each dormer.
Story height may be calculated from accurately drawn building
elevations where all front, back and side elevations are shown with
dimensions and the upper surface floor and roof above for each story
or half story are clearly and accurately depicted.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way (1) which is an existing state, county or municipal roadway
or (2) which is shown upon a plan heretofore approved pursuant to
law or (3) which is approved by official action as provided by N.J.S.A.
40:55D-1 et seq., or (4) which is shown on a plan 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
plans; 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.
[Amended 9-9-1991 by Ord. No. 11-91; 3-11-2013 by Ord. No.
13-04]
The edge of the existing or future street right-of-way, as
shown on the adopted Master Plan or Official Map, forming the dividing
line between the street and a lot.
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, including but not limited to buildings, fences,
tanks, towers, signs, advertising devices and swimming pools.
[Amended 9-9-1991 by Ord. No. 11-91]
[Amended 9-9-1991 by Ord. No. 11-91]
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created:
Divisions of land found by the 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.
Divisions of property by testamentary or intestate
provision.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality. The term "subdivision" shall
also include the term "resubdivision."
Any subdivision of land not classified as a minor subdivision.
[Added 9-9-1991 by Ord. No. 11-91]
Any subdivisions of land containing an aggregate of not more
than three lots (two new lots and the remaining parcel) each fronting
on an existing street or streets; not involving any new street or
the installation of any street improvements or the extension of Borough
facilities; not involving any street(s) requiring additional right-of-way
width as specified in the Master Plan or Official Map and the street
requirements of this chapter, unless such additional right-of-way
width, along one or both sides of said street(s), as applicable, shall
be deeded to the Borough or to the appropriate governmental authority
prior to classification as a minor subdivision; not adversely affecting
the development of the remainder of the parcel or adjoining property
and in conflict with any provision of the Master Plan, Official Map
or this chapter; not being a further division of an original tract
of land for which previous minor subdivision(s) have been approved
by the Borough within the past two-year time period from the date
of the current application and where the combination of the proposed
and approved minor subdivision(s) constitutes a major subdivision;
and not being deficient in those details and specifications required
of minor subdivision as specified in this chapter. The original tract
of land shall be considered any tract in existence at the time of
the adoption of the ordinance of which this is a revision as shown
on the Borough Tax Maps. Any readjustment of lot lines resulting in
no new lots shall be classified as a minor subdivision. Any subdivision
involving a planned development or the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to N.J.S.A.
40:55D-42, shall not be considered a minor subdivision.
[Added 9-9-1991 by Ord. No. 11-91]
Portable pools shall not be subject to the requirements of
this chapter and are those pools which are not otherwise permanently
installed; do not require water filtration, circulation and purification;
do not exceed a water surface of 100 square feet; and do not require
braces or supports.
A private residential swimming pool shall be:
[Amended 9-9-1991 by Ord. No. 11-91; 12-11-1995 by Ord. No.
17-95]
An artificially constructed pool, whether located
above or below the ground, having a depth of 18 inches or more and
water surface of 100 square feet or more, designed and maintained
for swimming and bathing purposes by an individual for use by members
of the household and guests and which is located on a lot as an accessory
use to a detached dwelling; or
An in-ground, aboveground or on-ground hot tub
or spa.
An establishment or business engaged in providing the service
of marking a person's skin with indelible patterns.
[Added 7-12-2010 by Ord. No. 10-10]
See "dwellings."
[Amended 9-9-1991 by Ord. No. 11-91]
A contiguous area within the boundaries of the lot, but outside
of applicable required setback areas, that is free of wetlands, wetland
transition areas, flood hazard areas, predevelopment slopes of 25%
or more and easements that restrict development.
[Added 4-5-1999 by Ord. No. 2-99; amended 5-10-2004 by Ord. No.
04-12]
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-60, 40:55D-40 and 40:55D-70.
[Amended 9-9-1991 by Ord. No. 11-91]
Any personal wireless services as defined in the Telecommunications
Act of 1996, which describes FCC-licensed commercial wireless telecommunications
services, including cellular services, personal communications services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio (ESMR), paging, and similar services that currently exist or
that may in the future be developed. It does not include any amateur
radio facility that is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive-only
antennas.
[Added 4-12-1999 by Ord. No. 5-99]
Antenna of any type of design, which is or may be used for the sending or receiving of wireless telecommunications, except for those radio antenna, dish antenna, or satellite receiving stations regulated pursuant to § 165-93 of this chapter.
[Added 4-12-1999 by Ord. No. 5-99]
Any building, structure, or equipment including without limitation,
transmitters, power sources, or other equipment, except antennas or
towers, which are or may be used for the delivery of wireless telecommunications.
[Added 4-12-1999 by Ord. No. 5-99]
The area which houses any combination of WT equipment.
[Added 4-12-1999 by Ord. No. 5-99]
Collectively WT antennas, WT equipment, WT equipment compound,
and WT towers.
[Added 4-12-1999 by Ord. No. 5-99]
Any person, business organization, or other entity, or any
kind, whether public or private, which seeks to install, operate,
or maintain any combination of WT facilities within the boundaries
of the Borough of Chatham, or which already operates or maintains
such WT facilities in the Borough as of the effective date of this
amendment.
[Added 4-12-1999 by Ord. No. 5-99]
A vertical structure which is or may be used to support any
WT antenna or WT equipment; this may be an existing structure or a
new tower built specifically for WT antennas or WT equipment.
[Added 4-12-1999 by Ord. No. 5-99]
A space extending the full width of the lot between any building
or part of a building, including steps, eaves in excess of two feet,
rainwater leaders, window sills and other such fixtures, and the front
line, and measured perpendicular to the building at the closest point
to the front line. If any street as shown on the Official Map of the
Borough is less than 50 feet wide, the front setback shall be measured
from a line parallel to and 25 feet from the center line of the right-of-way
or, if there is no specific right-of-way shown on the Official Map,
from the center line of the paved carriageway.
[Amended 9-9-1991 by Ord. No. 11-91; 12-11-1995 by Ord. No.
17-95]
A space extending across the full width of the lot between
any building and the rear lot line, and measured perpendicular to
the building at the closest point to the rear lot line.
[Amended 9-9-1991 by Ord. No. 11-91]
A space extending from the front yard to the rear yard and
lying between each side lot line and the closest point of the principal
building on the lot. No part of a building, including a bay window,
a cantilevered portion of the building, or the like, may extend into
the minimum side yard permitted by this chapter except steps and a
landing for a distance of not more than four feet, eaves for a distance
of not more than two feet, rain water leaders, window sills and other
such fixtures. When the building is on a lot with a width of 50 feet
or less, however, these exceptions shall not be permitted.
[Amended 9-9-1991 by Ord. No. 11-91; 7-9-2007 by Ord. No. 07-18]
[1]
Editor’s Note: Ordinance No. 13-04, adopted 3-11-2013,
provided that all references to "Zoning Officer" in this chapter be
changed to the title of "Borough Zoning Official" or designee and/or
the Administrative Secretary of the Planning Board or Zoning Board
of Adjustment, and further provided that any reference made in the
ordinance to the Borough Zoning Official and/or his/her designee shall
also include and apply to the Administrative Secretary of the Planning
Board and the Administrative Secretary of the Zoning Board of Adjustment,
as appropriate.
[2]
Editor’s Note: The checklists are on file in the Borough
offices.
[3]
Editor’s Note: The former definition of “developable
area,” which immediately followed this definition, was repealed
10-24-2016 by Ord. No. 16-11.
[4]
Editor's Note: This ordinance also repealed the former definition
of "floor area, gross," which immediately followed.
[5]
Editor's Note: This ordinance also repealed the former definition
of "floor area ratio, gross," which immediately followed.
[7]
Editor’s Note: The former definition of “lower-income
household,” which immediately followed this definition, was
repealed 10-24-2016 by Ord. No. 16-11.
[8]
Editor’s Note: The former definition of "plat," as amended,
which immediately followed this definition, was repealed 3-11-2013
by Ord. No. 13-04, which ordinance also provided that all references
to "plat" or "plats" in this chapter be deleted and, where appropriate,
the word "plan" or "plans" be inserted.
[9]
Editor’s Note: The former definition of “region,”
which immediately followed this definition, was repealed 10-24-2016
by Ord. No. 16-11.
