The purpose of this chapter is to encourage
the most appropriate use of land throughout the Borough so as to promote
the public health, safety, morals and general welfare of the citizens
of the Borough and the region and to conserve the value of property,
with due consideration for the character of the zones and their peculiar
suitability for particular uses; all in accordance with a Comprehensive
Land Use Plan designed to lessen congestion of the streets and roads
and to encourage the free flow thereof; to secure safety from fire,
flood, panic and other natural and man-made disasters; to provide
adequate light, air and open space; to prevent the overcrowding of
land and establish appropriate population densities and concentrations
and to that end to limit and restrict to specified districts and regulate
therein buildings and structures according to their construction,
nature and use, and the nature and use of the land and to do all other
things which further the general purposes of the Municipal Land Use
Law, Chapter 291, Public Laws 1975 (N.J.S.A. 40:55D-1 et seq.).
For the purposes of this chapter, all words
used in the present tense include the future tense. All words in the
plural number include the singular number, and all words in the singular
number include the plural number, unless the natural construction
of the word indicates otherwise. The word "shall" is mandatory and
directory. The word "used" includes "designed, intended or arranged
to be used."
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare.
The administration and enforcement of this chapter
is hereby conferred upon the Zoning Officer of the Borough of Pennington,
who shall be appointed by the Mayor with the approval of Council.
One or more assistants may be appointed in the same manner. In no
case shall a permit be granted for the construction, reconstruction
or alteration of a building nor a certificate of occupancy be issued
for any building which would be in violation of any of the provisions
of this chapter or any other ordinance of the Borough of Pennington.
[Added 4-1-1985 by Ord. No. 390; amended 12-6-1999 by Ord. No.
99-14; 12-29-1999 by Ord. No. 99-16]
Zoning permits shall hereafter be secured from the Zoning Officer prior to the issuance of a building permit for the construction, erection or alteration of any structure or part of a structure or upon a change in the use of land or a structure. The fee for such permit shall be as provided in Chapter 98, Fees, Article II, Land Use Fees.
A.
Any owner or other person who violates any of the
provisions of this chapter and who shall have refused to abate said
violation within five days after written notice shall have been served
upon him either by mail or by personal service shall for each and
every violation be subject to a fine not exceeding $1,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof. Each and every
day that such violation continues shall be deemed a separate violation
of this chapter.
[Amended 12-6-1999 by Ord. No. 99-14]
B.
In addition to the powers given to the Zoning Officer
as aforesaid, any person may make complaint for any violation of this
chapter or any provision or section thereof, and upon conviction,
in such case, the penalties hereinbefore provided shall be imposed.
Any site plan review approval and/or building
permit issued pursuant to any ordinance which provided for erection
of a building or structure in conformance to the ordinance or ordinances
repealed by this chapter shall continue in full force and effect.
For the purposes of this chapter, words shall
have the same meaning and definitions as set forth in Chapter 291,
Public Laws 1975 (N.J.S.A. 40:55D-1 et seq.). In addition, the following
words or terms used herein are defined as follows:
A subordinate use of a lot or building, the purpose of which
is incidental to that of the primary use and which is located on the
same lot.
[Added 12-20-2001 by Ord. No. 2001-6]
Any structure, enclosed or not enclosed, which is related
and subordinate to the principal use of the subject lot. Accessory
structures include but are not limited to sheds, garages, pool houses
and gazebos.
[Added 9-11-2000 by Ord. No. 2000-6]
An extension or an increase in the floor area, height or
coverage of a building or structure.
[Added 12-3-2007 by Ord. No. 2007-12]
As applied to a building or a structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement
whether by extension of a side or by increasing in height or by moves
from one location or position to another.
A place where animals are given medical care and where the
boarding of animals that receive on-site medical care is limited to
short-term care incidental to the hospital use. For the purposes of
this chapter, animal hospitals do not include dog kennels, breeding
and boarding facilities or other similar uses.
[Added 12-3-2007 by Ord. No. 2007-12]
A complex of apartment dwelling units which contain living,
sleeping and sanitary facility accommodations, with ancillary services
and activities for the residents, including meals, housekeeping services,
medical services, recreational services and other personal services
required for the residents, where residents meet the requirements
for assisted living residences as defined by the State of New Jersey
within N.J.A.C. 8:36 et seq., thereby requiring assistance in normal
daily living activities between independent living and nursing care.
[Added 6-1-1992 by Ord. No. 514; amended 12-3-2007 by Ord. No.
2007-12]
A dwelling unit which is physically linked to one or more
other dwelling units forming a single dwelling structure.
A space between the ceiling beams of the top habitable story
and the roof rafters.
[Added 12-3-2007 by Ord. No. 2007-12]
Premises on which are held at periodic times auction sales
of merchandise or any other personal property.
Any area and/or structure used or intended to be used for
the conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more above the finished
grade where such grade meets the outside walls of the building.
[Amended 12-3-2007 by Ord. No. 2007-12]
Any sign used to identify the product made or the activity
being pursued by an individual, business, service or commercial or
industrial enterprise, for the purpose of apprising the public of
the location of such enterprise and/or the type of activity in which
it is engaged.
An unoccupied portion of land maintained as a landscaped
area and used to visually separate one use from another.
[Added 12-3-2007 by Ord. No. 2007-12]
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
For the purposes of this chapter, a tent which has been erected for
a temporary business or social function shall not be considered to
be a building, provided that it is not erect for more than one week.
[Amended 12-3-2007 by Ord. No. 2007-12]
A subordinate structure on the same lot as the primary building
or use and occupied or devoted to a use incidental to the primary
use.
[Added 6-1-1992 by Ord. No. 514]
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The perimeter of a building in contact with the ground, not
including roof overhangs (eaves). Neither the building footprint nor
roof overhangs may encroach into a setback area.
[Added 5-2-2011 by Ord. No. 2011-5]
The vertical distance measured to the highest point of the
building from the average elevation of the finished grade five feet
from the foundation of the building along all side(s) of the building.
In all cases where this chapter, provides for height limitations by
reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within said footage.[1]
[Amended 12-3-2007 by Ord. No. 2007-12]
A building or buildings, in which is conducted the main or
principal use of the lot on which said building is situated.
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service to the public.
However, personal services, such as barber and beauty shops, and repair
services, such as radio and television repair shops, are not to be
included within the definition of "business office."
A roofed structure providing space for the parking of no more than two motor vehicles and enclosed on not more than three sides. For the purpose of this chapter, a carport shall be permitted only where explicitly stated as a permitted secondary use and shall comply with the requirements for garages in § 215-12.
[Added 12-3-2007 by Ord. No. 2007-12]
That portion of a building partly below and partly above
grade, where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building.
[Amended 12-3-2007 by Ord. No. 2007-12]
Land used or intended to be used for the burial of the dead
and dedicated by deed or other legal instrument for such use.
A certificate issued by the Construction Code Official upon
completion of construction, alteration or change in occupancy of a
building. Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Planning
Board acting as a Board of Adjustment and/or all other applicable
requirements.
[Amended 12-29-1999 by Ord. No. 99-16]
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples and similar designations as well as parish houses,
convents and such accessory uses, but this definition shall not include
schools or cemeteries as defined in this section.
A building used to house a social, fraternal or service organization
or club not organized or conducted for profit and which is not an
adjunct to or operated by or in conjunction with a public tavern,
cafe, or other place of business.[2]
A residential development of single-family detached dwelling
units with common open space area or areas and planned as a single
entity in accordance with the provisions of this chapter.
[Added 6-1-1992 by Ord. No. 514]
A motor vehicle, other than a passenger car or recreational
vehicle, which has a loading capacity in excess of 1/2 ton. Pickup
trucks and vehicles commonly known as "vans" not having more than
two axles and/or four wheels shall not be considered commercial vehicles.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
[Added 6-1-1992 by Ord. No. 514; amended 12-3-2007 by Ord. No.
2007-12]
Home and garden appliance, recreation and tool repair and
office machine repair and service, including incidental and associated
retail sales, but excluding truck and auto sales and/or service.
[Added 6-1-1992 by Ord. No. 514]
An application for development shall be complete for purposes
of commencing the applicable time period for action by the applicable
municipal agency or its authorized committee or designee when so certified
by the municipal agency or its authorized committee or designee.
[Added 12-3-2007 by Ord. No. 2007-12]
In the event the application is not certified
to be complete within 45 days of the date 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 for action
by the municipal agency or its authorized committee or designee unless:
The application lacks information indicated
on the appropriate checklists adopted by ordinance and submitted by
the applicant; and
The municipal agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of
the submission requirements be waived, in which event the municipal
agency shall grant or deny the request within 45 days.
Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
he is entitled to approval of the application.
The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the ordinance or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application have been met. However, the application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
An easement in favor of the Borough of Pennington, an approved
homeowners' association, or other designated conservation organization
acceptable to the Borough for the purpose of preserving open space,
aquatic buffers and/or the natural, scenic, agricultural, aesthetic,
or historic value of land and precluding any building on the premises.
[Added 12-3-2007 by Ord. No. 2007-12]
A development of residential living units intended and operated
for occupancy by at least one person 55 years of age per unit and
prohibiting children under the age of 18 years. A facility may include
single-family and multifamily independent living units, residential
health care services and meals for residents with or without common
dining facilities, physical therapy facilities, meeting rooms, recreation
facilities and other ancillary services customarily accessory to the
principal permitted uses.
[Added 6-1-1996 by Ord. No. 514; amended 3-7-1994 by Ord. No. 535]
The officially established grade of the curb in front of
the midpoint of the lot.
Any service provided in conjunction with a commercial establishment
in which patrons are served on the premises, without leaving their
vehicles. With the exception of banks, such a service shall be considered
a secondary (accessory) use to any primary use and shall only be permitted
when explicitly noted in the chapter.
[Added 12-6-1999 by Ord. No. 99-6]
One of several individual dwelling units designed and erected
as an integrated development in one or several buildings with singleness
of use and operation and which utilizes such common facilities as
pedestrian walks, parking and garage areas, open space or recreation
areas and utility and sanitary systems.
A one-family dwelling which, as a result of certain alterations,
may be capable of accommodating two families having separate cooking,
living, sleeping and sanitary facilities.
A detached building or dwelling unit designed for or occupied
exclusively by one or more persons living as a single, nonprofit housekeeping
unit.
One of a series of one-family dwelling units, attached by
a common wall between it and the adjacent dwelling unit(s), with individual
and private front and/or rear yards provided for each unit. Such dwelling
units shall be owner occupied. Said owners shall by deed provisions
be jointly responsible for the ownership and maintenance of certain
common use portions of the townhouse development complex, including
but not limited to the following: open space and recreation facilities;
streets, roads and pedestrianways; parking and garaging facilities;
fencing and landscaping; and heating, cooling or utility systems.
Such joint ownership and maintenance responsibilities of the owners
shall be exercised through a homeowners' association or some similar
form of duly constituted agency.
One or more rooms totaling at least 400 square feet in gross
floor area and designed for occupancy of separate living quarters
with cooking, sleeping and sanitary facilities provided within the
dwelling unit for the exclusive use of a single household.
[Amended 6-1-1992 by Ord. No. 514]
A right, created by deed or other legal means, to use the
real property of another for one or more specific purposes (e.g.,
access, drainage, conservation, utility services, etc.) for the benefit
of private persons or for the benefit of the public.
[Added 12-3-2007 by Ord. No. 2007-12]
A space accommodating any or all of the following:
[Added 8-4-2003 by Ord. No. 2003-7]
Executive, administrative, general corporate
and clerical activities;
Research and consumer product development connected
with service industries such as the financial, insurance and banking
industries;
Demographic, economic and statistical research;
and/or
Activities of a similar character which are
generally furnished with desks, tables, files and communication equipment.
The word "family" shall mean the same as "housekeeping unit."
[Added 12-3-2007 by Ord. No. 2007-12]
An artificially constructed barrier of wood, masonry stone,
wire, metal or any other manufactured material or combination of materials
serving to enclose, protect or divide.
[Added 11-13-2006 by Ord. No. 2006-15]
The sum of the gross horizontal area of each full story of
a building, as "story" is defined herein, measured from the exterior
face of the exterior walls, provided that any under-roof parking area
and any under-roof area of a shed or gazebo shall not be included
in the floor area calculation. For attached dwelling units/buildings,
the floor area shall be measured from the center line of a wall separating
the two dwelling units/buildings.
[Amended 12-3-2007 by Ord. No. 2007-12; 3-6-2017 by Ord. No. 2017-3]
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
[Added 12-3-2007 by Ord. No. 2007-12]
An enclosed accessory structure which is used for vehicular
storage.
[Added 9-11-2000 by Ord. No. 2000-6]
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit may be conducted, and which may not
be used as separate living quarters.
[Amended 5-2-2011 by Ord. No. 2011-5]
Any garage, other than a private garage, available for the
storage of motor vehicles on a rental basis.
An open air accessory structure which is not used for vehicular
storage.
[Added 9-11-2000 by Ord. No. 2000-6]
The slope of a road, path, driveway, swale or other surface,
or the average finished ground elevation adjoining a building at project
completion.
[Added 12-3-2007 by Ord. No. 2007-12]
The design, arrangement and location of buildings or other
created or natural elements in a particular area, which are sufficiently
consistent in scale, character and siting with other existing buildings
or created or natural elements in that area, so as to avoid abrupt
or severe differences.
[Added 6-1-1992 by Ord. No. 514]
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition.
Excluded from this definition are mental health care facilities, animal
research facilities or drug or alcoholic rehabilitation centers.
[Added 6-6-1983 by Ord. No. 355]
An occupation customarily carried on in a dwelling unit by
a member of the household in residence, which occupation is clearly
an accessory use incidental to the residential use.
[Added 9-8-1987 by Ord. No. 445]
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
[Added 12-3-2007 by Ord. No. 2007-12]
An age-restricted dwelling unit.
[Added 6-1-1992 by Ord. No. 514]
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or area. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
A lot abutting the intersection of two or more streets, where
the interior angle of intersection does not exceed 135°. The lot
width of a corner lot shall be measured on the narrower of the two
sides of the lot abutting a street for purposes of meeting the minimum
requirements, regardless of the orientation of the building on the
lot. Each corner lot shall have two front yards, one side yard and
one rear yard, the side and rear yards to be designated by the proposed
orientation of the dwelling or building on the lot at the time of
application for subdivision, site plan or variance approval, or, if
there is no application for subdivision, site plan or variance approval,
at the time of building permit application.
[Amended 12-3-2007 by Ord. No. 2007-12]
The aggregate square footage or other area measurement by
which all sidewalks, driveways and parking areas, whether paved, graveled
or unsurfaced, and all buildings and other structures cover a lot,
as measured in a horizontal plane to the limits of the structure or
improvement.
[Amended 10-7-1985 by Ord. No. 401; 12-3-2007 by Ord. No.
2007-12]
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line.
[Amended 12-3-2007 by Ord. No. 2007-12]
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
Two or more rental units, with individual entrances from
the exterior of the building to each unit, operated as a business
for the purpose of providing lodging to transient guests. An office
and single dwelling unit may be included as secondary uses in conjunction
with the operation of a motel.
A building or use which is designed for the display and sale
of motor vehicles.
A building or use which is designed or intended to be used
for the storage, servicing, repair, maintenance or cleaning of motor
vehicles or other automotive equipment.
An extended or intermediate care facility licensed by the
State of New Jersey to provide full-time convalescent or chronic care
to individuals who, by reason of advanced age, chronic illness or
infirmity, are unable to care for themselves.
[Added 6-1-1992 by Ord. No. 514]
The specific purpose for which land or a building is used,
designed or maintained.
Any area for the parking of motor vehicles, exclusive of
driveways, access drives, fire lanes and public rights-of-way, either
within a structure or in the open, in accordance with the following:
[Amended 12-3-2007 by Ord. No. 2007-12]
Each nonhandicapped, off-street parking space
shall not be less than nine feet wide by 20 feet in length, except
that the length of a parking space may be reduced to 18 feet in length
in those instances where a two-foot overhang area exists beyond a
curb and where such overhang does not interfere with any proposed
and/or required landscaping, as may be approved by the Board, or as
permitted by N.J.A.C. 5:21-4.15 for residential dwelling units;
Each handicapped space shall not be less than
eight feet wide by 20 feet in length and shall have an adjacent pedestrian
access aisle at least five feet wide except that at least eight feet
is required for a van-accessible handicapped space, provided that
if a different requirement for a handicapped space has been adopted
by the state, the most current requirement shall be met; and
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.
For the purposes of this chapter, the total
number of required parking spaces for any development shall be the
sum of the individual parking requirements for each use in the subject
development, based upon the gross floor area or part thereof devoted
to each use.
A motor vehicle with no more than two axles and/or four wheels,
not more than 4,500 pounds in gross weight, and designed primarily
for the transport of persons.
[Added 9-8-1987 by Ord. No. 445]
The main or principal use of a building or a lot.
Enclosed facilities for the bulk storage of goods and products
operated for a specific establishment, and not open to the general
public.
[Added 6-1-1992 by Ord. No. 514]
The office of a member of a recognized profession maintained
for the conduct of the profession. Such professions include but shall
not be limited to doctor, dentist, architect, engineer, lawyer, real
estate agent and insurance broker, or any similar professional occupation.
Any changes or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior portions, as well as any change in doors or windows, or
any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one location to another.
[Added 6-1-1992 by Ord. No. 514]
An age-restricted room or series of connected rooms containing
living, sleeping space and sanitary facilities, but not cooking facilities,
for occupancy for one or two persons in need of assisted living.
[Added 6-1-1992 by Ord. No. 514]
A professional office conducted on residential property.[3]
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building or within an approved outdoor dining area. However, a snack
bar at a public or a community playground, playfield, park or swimming
pool operated solely by the agency or group operating the recreational
facilities and for the sole use of patrons of the facility shall not
be deemed to be a restaurant.
[Amended 9-3-1996 by Ord. No. 96-13]
An establishment where patrons are served soft drinks, ice
cream and other food products for consumption outside the confines
of the principal building or in automobiles parked upon the premises,
regardless of whether or not, in addition thereto, seats or other
accommodations are provided for the patrons.
An establishment where the principal operation includes the
sale of food and drink prepared for immediate consumption, purchased
at a counter and eaten on the premises, in the patron's vehicle or
off the premises, and with the provision that drive-through service
is prohibited. Establishments wherein the sale of prepared food and
drink is not the primary operation shall not be considered fast-food
restaurants, but rather shall be subject to the regulations governing
the primary operation of the establishment.
[Added 12-6-1999 by Ord. No. 99-6]
A commercial establishment where patrons are first seated
at tables, booths or counters, after which food ordered by them is
served by waiters or waitresses at such table, booths or counters.
The term "full-service restaurant" does not include fast-food restaurants
as otherwise defined in this section.
[Added 12-6-1999 by Ord. No. 99-6]
A wall erected between lands of different elevation to support
an earthen bank and/or prevent the erosion of earth from the upper
slope level or to protect structures and other improvements such as
roads, driveways, sidewalks and similar structures.
[Added 11-13-2006 by Ord. No. 2006-15]
As applied to apartment projects as may be permitted by this
chapter, a room shall include living rooms, dining rooms, kitchens
and bedrooms. Kitchenettes, which do not include space for eating,
and dining rooms in which one full wall is open into a living room
area shall be counted as 1/2 room. Baths shall not count as a room.
A parabolic or dish-shaped antenna or any other apparatus
or device which is designed for the purpose of receiving television,
radio, microwave or any other form of electric signals transmitted
or relayed directly from space satellite antennas to such device.
[Added 6-1-1992 by Ord. No. 514]
A facility having regular sessions of instruction conducted
by regularly employed instructors and teachers who teach those subjects
which are fundamental and essential in general education and which
provides education under the supervision of the New Jersey Department
of Education, or a lawfully constituted ecclesiastical governing body,
or a corporation meeting the requirements of the New Jersey Department
of Education.
Establishments designed and used for research and engineering
activities involving scientific investigations, engineering studies
and consumer product development of types other than carried on in
general business offices and similar activities, with the objective
of creating products or research studies, but excluding the manufacturing,
sale, processing, warehousing, distribution or fabrication of materials,
products, or goods except as incidental to the principal permitted
uses.
[Added 6-1-1992 by Ord. No. 514; amended 12-3-2007 by Ord. No.
2007-12]
An accessory use as defined herein.
[Amended 12-20-2001 by Ord. No. 2001-6][4]
A line drawn parallel with a street line or proposed street
line or lot line and drawn at a given distance from that line. This
line defines an area in which no building or portion of a building
may be erected. The term “required setback” means a line
that has established a minimum horizontal distance from the street
line or proposed street line or lot line and beyond which a building
or part of a building is not permitted to extend. Unenclosed stoops,
porches, decks, eaves and/or roof structures over stoops or porches
may extend into the required front yard setback if they do not exceed
25 square feet in area.
[Added 12-3-2007 by Ord. No. 2007-12; amended 5-2-2011 by Ord. No. 2011-5]
An enclosed accessory structure used for storage other than
vehicular storage.
[Added 9-11-2000 by Ord. No. 2000-6]
A development plan of one or more lots which shows:
[Amended 12-3-2007 by Ord. No. 2007-12]
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 concerning the
adequacy of the plan in accordance with the requirements of this chapter.
The vertical distance between the finished surface of a floor
and the finished surface of the floor above it. Or, if there is no
floor above, then the vertical distance between the finished surface
of a floor and the ceiling above it. For the purpose of this chapter:
[Amended 12-3-2007 by Ord. No. 2007-12; 5-2-2011 by Ord. No. 2011-5; 3-6-2017 by Ord. No. 2017-3]
Cellars and basements ordinarily shall not be considered stories
when considering the height of a building except, however, that:
A finished basement and/or cellar in nonresidential buildings
shall be considered a story for the purposes of the height, floor
area and parking requirements of this chapter unless used and restricted
solely for ancillary storage.
A basement in a nonresidential or residential building, whether
finished or not, shall be considered a story for the purposes of the
height, floor area and parking requirements of this chapter when the
distance from the undisturbed natural grade to the finished surface
of the floor above the basement is more than three feet for more than
50% of the total perimeter of the building or is more than eight feet
at any point.
A half-story is the area under a pitched roof at the top of
a building, the floor of which is at least three feet, but no more
than six feet, below the line of intersection of the roof and wall
face.
The attic or area under a pitched roof at the top of a building
shall be considered a full story for the purposes of this chapter
when the head room or ceiling at a height of seven feet or more above
the attic floor is more than 1/3 of the total area of the floor directly
beneath and has access via code-compliant stairway for habitable space
from the floor below.[5]
[Added 12-3-2007 by Ord. No. 2007-12]
Any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which:
Is an existing state, county or municipal roadway;
or
Is shown on a plat heretofore approved pursuant
to law; or
Is approved by the Borough of Pennington in
accordance with the provisions of this chapter; or
Is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats.
A street includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, curbs, sidewalks, parking areas and other areas
within the street line. A street is classified by its function as
designated in the currently adopted Traffic Circulation Plan Element
portion of the Pennington Borough Master Plan. Moreover, for the purposes
of the street design and paving requirements of this chapter, all
private roads shall be considered streets.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way in accordance with the currently
adopted Traffic Circulation Element portion of the Pennington Borough
Master Plan. The street line is the dividing line between the street
and a lot. All required front yard areas and building setbacks shall
be measured from the street line.
[Amended 12-3-2007 by Ord. No. 2007-12]
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 such things as buildings, fences, dumpster
enclosures, poles, signs, towers, tanks, decks, paved or concrete
driveways, parking lots and patios, swimming pools and tennis courts,
but specifically excluding on-site wastewater treatment and disposal
systems.
[Added 12-3-2007 by Ord. No. 2007-12]
A public or privately owned pool open to the general public
or on a membership basis, having appropriate dressing-room facilities,
recreational facilities and off-street parking areas.
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
An establishment which conducts technical training and instruction
in a technical subject or trade and which training either: 1) leads
to a job-specific certification or skill, including but not limited
to secretarial training, court reporting training, computer training
in computer programming, software packages, computerized business
systems, computer electronics technology, computer operations, local
area network management, or fitness/physical therapy; or 2) leads
to a physical arts skill or proficiency in the field of martial arts,
personal fitness, dance or other similar activity, provided that the
building space devoted to a technical training center for a physical
arts skill shall not exceed 4,000 square feet in area. For the purposes
of this chapter, such training does not involve any machine or equipment
repair or require any specialized permanent facilities for such training.
[Added 8-4-2000 by Ord No. 2003-7; amended 12-1-2008 by Ord. No. 2008-12]
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
An artificially constructed barrier of wood, masonry stone,
wire, metal or any other manufactured material or combination of materials
serving to enclose, protect or divide.
[Amended 11-13-2006 by Ord. No. 2006-15]
An open space that lies between the closest point or projection
of a principal or accessory building or buildings and the nearest
lot line.
[Amended 12-3-2007 by Ord. No. 2007-12]
FRONT YARDThe open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or parallel to a curved street line.
REAR YARDThe open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or parallel to a curved rear lot line.
SIDE YARDThe open 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. The width of the side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.
[1]
Editor's Note: The former definition of "building
line," which immediately followed this definition, was repealed 12-3-2007
by Ord. No 2007-12.
[2]
Editor's Note: The definition of "cluster
development," which immediately followed this definition, was deleted
5-7-1984 by Ord. No. 374.
[3]
Editor's Note: The former definition of "restaurant,"
as amended 9-3-1996 by Ord. No. 96-13, which immediately followed
this definition, was repealed 12-6-1999 by Ord. No. 99-6.
[4]
Editor's Note: The definitions of "sign,"
"sign area" and "sign, identification," which immediately followed
this definition, were repealed 11-4-1996 by Ord. No. 96-16.
