The interpretation of the regulations of this chapter is intended
to be such that whenever these requirements are at variance with any
other lawfully adopted rules, regulations and ordinances as particularly
refer to area and bulk regulations and impose higher standards, the
most restrictive shall govern.
A.Â
Words and phrases shall be presumed to have their ordinary meaning
unless specifically defined or interpreted differently within this
section. The Planning Board or Zoning Board of Adjustment, whichever
has jurisdiction, shall resolve disputes concerning the definition
or interpretation of a word.
B.Â
For the purpose of this chapter, certain grammatical forms and words
shall assume a different interpretation than is assumed in common
usage as follows:
(1)Â
All present and future tenses shall be interchangeable.
(2)Â
The word "building" includes "structure" and any part thereof.
(3)Â
The singular and plural shall be interchangeable.
(4)Â
The word "shall" indicates a mandatory requirement and the term "may"
indicates a permissive action.
(5)Â
The phrase "used for" includes "arranged for," "designed for," "maintained
for," or "occupied for."
(6)Â
The word "person" includes an individual, corporation or partnership.
(7)Â
The word "includes" or "including" shall not limit the term to the
specified example but is intended to extend its meaning to all other
instances of like kind and character.
All such words as defined in the Municipal Land Use Law, if
not contained below are hereby incorporated herein and declared to
be a part of this chapter. The following words and phrases shall have
the meaning given in this section, as follows:
A subordinate building, the use of which is customarily incidental
to that of the principal building and is used for an accessory use
and is located on the same lot. In a residential district, a detached
accessory building shall be on the same lot as the main building and
shall not extend forward of the rear foundation line of the main building.
Living quarters and home occupations are not permitted in accessory
buildings.
[Amended 12-9-2009 by Ord. No. 11-2009]
A use conducted on the same lot as a principal residential
use to which it is related and located either within the same structure
or in an accessory structure or as an accessory use of land such as
a garage, shed, residential recreational equipment or swimming pool.
It is a use that is clearly incidental to and customarily found in
connection with a principal use.
A use conducted on the same lot as a principal use to which
it is related and located either within the same structure or in an
accessory structure or as an accessory use of land, except that off-street
parking may be located in any district on an adjacent parking lot
when required. It is a use that is clearly incidental to and customarily
found in connection with a principal use.
Those lots contiguous to and immediately across a right-of-way
street or road such that it would be adjacent but for the right-of-way
street or road.
Those parking lots contiguous to and immediately across a
right-of-way, street or road such that it would be adjacent but for
the right-of-way, street or road.
A minor way, which may or may not be legally dedicated, and
which is used primarily for vehicular service access to the rear or
side of properties abutting on a street.
A single room, suite or set of rooms occupied as a dwelling.
See "lot coverage."
Any premises used for the repair or servicing of vehicles,
but not including automotive salvage.
A structure used for the purpose of cleaning the exterior
and interior surfaces of automotive vehicles, but not including an
incidental one-bay washing facility in a gasoline service station
where washing facilities are purely incidental to the operation of
said service station. A self-operated vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be an automobile laundry.
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms but not the sale of junked vehicles
and equipment.
An open area, other than a public or private street or way,
used for the display or sale of new and used vehicles, trailers, trucks
or farm equipment and where no repair work is done except that which
is minor and incidental to the sale.
The number of dwelling units per acre computed by dividing
the number of dwelling units which the applicant is permitted to construct
by the number of acres in the development, excluding acreage devoted
to commercial use.
That portion of a building which is partly below grade.
A sign other than one indicating a business conducted on
the premises and a sign upon which advertising matter of any character
is printed, posted or lettered by any means and is designed for such
purposes. A billboard includes either freestanding or attached to
a surface of a building or other structure.
The area of a horizontal section of building at the foundation
extremities.
See "height of building."
The horizontal measurement of any continuous building wall.
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and the specified right-of-way or property line. This face, as measured
to the major portion of the structure, includes sun parlors, foyers,
bay windows, porches, projecting eaves, dormers, gutters and any other
solid projections and solid entrances.
Describes the size of buildings or other structures and their
relationship to each other, to open areas such as yards and to lot
lines and includes the size, height and floor area of buildings or
other structures and all other structures.
This term shall have the same meaning as provided under N.J.S.A.
24:6I-33.
[Added 7-20-2021 by Ord.
No. O-2021-07]
A facility involved in the growing and cultivating of cannabis,
and which has been duly issued a Class 1 cannabis cultivator license
by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 7-20-2021 by Ord.
No. O-2021-07]
Any person or entity providing courier services for consumer
purchases of cannabis items and related supplies fulfilled by a cannabis
retailer, and which has been duly issued a Class 6 cannabis delivery
license by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 7-20-2021 by Ord.
No. O-2021-07]
Any person or entity engaged in the intrastate transport
of bulk cannabis or cannabis items from one licensed cannabis cultivator
to another licensed cannabis cultivator, or from any one class of
licensed cannabis establishment to another class of licensed cannabis
establishment, and which has been duly issued a Class 4 cannabis distributor
license by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 7-20-2021 by Ord.
No. O-2021-07]
A facility involved in the manufacturing, preparation and
packaging of cannabis items, and which has been duly issued a Class
2 cannabis manufacturer license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
[Added 7-20-2021 by Ord.
No. O-2021-07]
Any person or entity that purchases or otherwise obtains
cannabis or cannabis items from cannabis cultivators, manufacturers
or wholesalers, and sells these to consumers from a retail store,
and/or may use a cannabis delivery service or a certified cannabis
handler for the off-premises delivery of cannabis items and related
supplies to consumers and which has been duly issued a Class 5 cannabis
retailer license by the New Jersey Cannabis Regulatory Commission,
or its successor agency.
[Added 7-20-2021 by Ord.
No. O-2021-07]
A facility involved in obtaining and selling cannabis items
for later resale by other licensees, and which has been duly issued
a Class 3 cannabis wholesaler license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
[Added 7-20-2021 by Ord.
No. O-2021-07]
A protective roof structure, without sides, for automobiles.
The width of the paved surface of any street or road.
See "basement."
See "street, center line of."
A statement signed by the Construction Official setting forth
either that a building or structure does comply with this chapter
or that a building, structure or parcel of land may lawfully be used
for specified uses, or both.
An entity, organization or individual that operates a program
for the care, maintenance and supervision of children who are not
attended by their parents or guardians. Included in this definition
are centers, which are not licensed by the State of New Jersey, and
centers that offer educational, social, health and nutritional services
and programs. This definition shall include but not be limited to;
day-care centers, infant-care centers, drop-in centers, night-care
centers/preschools, nurseries, child cooperatives, kindergartens,
nursery schools, play schools, day camps, overnight camps, and summer
camps. Camps are considered to be programs operated only for a limited
time period each year, generally during the nonacademic portion of
each year; available to school age children and mostly oriented to
outside recreation activities.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
An organization operated for social or fraternal purposes.
A use permitted when authorized by this code for specific
zoning districts that shall be permitted where specified subject to
the applicable specifications and standards listed herein and subject
to the approval of the Planning Board.
A system of ownership of individual units in a multiunit
structure or group of structures combined with joint ownership of
commonly used property (sidewalks, hallways, stairs, etc.) and as
defined by statute.
A mobile unit used at construction sites for office and storage
purposes. All such units shall be removed not later than 30 days following
the issuance of the last certificate of occupancy in the project.
See "lot, corner."
A club operated for profit or nonprofit which may include
recreational facilities and/or a golf course.
See "lot coverage."
The elevation of the top of the curb or the curb grade approved
by the Borough Engineer. Where the building does not adjoin the street,
the average elevation of the proposed grade line of the ground immediately
adjacent to the buildings as shown on the building plans shall be
considered as the curb level.
The line of the curb as presently existing or as may hereafter
be established by the governing body of the Borough.
The number of dwelling units permitted in development, expressed
as units per acre.
One that has yard areas on all sides.
The keeping of more than three dogs that are more than six
months old for breeding, sale or boarding.
Consists of one or more bedrooms for living purposes, together
with cooking and sanitary facilities, and is accessible from the outdoors
either directly or through an entrance hall shared with other dwelling
units and is used or intended to be used by one or more persons living
together and maintaining a common household.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
TWO-FAMILY DETACHED DWELLING, DUPLEX OR TWINA building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, or where the two residences are joined together by a common party wall.
MULTIPLE DWELLINGA building designed for three of more dwelling units.
TOWNHOUSEA building that has not less than three one-family dwelling units erected in a row as a single building on adjoining lots, each being separate from the adjoining unit or units by an approved masonry firewall, thus creating distinct and noncommunicating dwelling units, such units intended for separate ownership or rental. This definition shall also include such terms as "row house," "patio house," "court dwelling," "maisonette," etc.
A right-of-way granted for limited use of private land for
a private, public or quasi-public purpose and within which the owner
of the property shall not erect any permanent structures, trees or
shrubbery.
The greatest number of persons to be employed in the building
in question during any season of the year and any time of the day
or night.
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
An individual, or two or more persons related by blood or
marriage living together, or a group of individuals of not more than
four persons not related by blood or marriage but living together
as a single housekeeping unit.
A building used primarily for the housing of fire-fighting
equipment and related space.
Width of property at front property line.
See "yard, front."
See "lot line, front."
See "undertaking establishment."
Any structure having sides and a roof and in at least one
of the sides of which is an aperture or opening through which a vehicle
may enter and leave and that may be closed by means of a door or doors
(overhead or otherwise) and being intended for the storing or sheltering
of vehicles.
A group of multifamily dwelling units architecturally designed
with some of the units placed on top of other units, two stories in
height, designed for rental of the individual units, having common
spaces and designed in accordance with the special requirements for
such dwellings as set forth in this chapter.
An area of land, together with any structure thereon, used
for the retail sale of motor fuel and lubricants and incidental service
such as lubrication and hand washing of motor vehicles or the sale,
installation or minor repair of tires, batteries or other automobile
accessories.
An open space and its necessary buildings used for the playing
of golf, not including a driving range or miniature golf course.
A finished product.
The mean elevation of the finished grade where such grade
abuts a building.
The vertical distance measured from the average elevation
of the proposed finished grades at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the main height of ridges for gable, hip and gambrel
roofs, towers, mechanical penthouses and tanks. Chimneys and spires
not intended for human occupancy shall not be included in calculating
the height. If there are two or more separate roofs on a single building,
the height of such building shall be calculated from the highest roof.
[Amended 5-11-2011 by Ord. No. 5-2011]
The vertical distance measured from ground level to the highest
point on the sign and its supporting structure.
The distance between any vehicle entrance or exit to a street
and the next adjoining vehicular entrance or exit on the same street.
An occupation permitted within a property in a residential
zone that is performed by the property owner or member(s) of the household
and approved as a conditional use by the Planning Board or Zoning
Board, depending on jurisdiction, such as an office or studio of a
physician, surgeon, doctor, dentist, musician, artist, lawyer, salesperson,
teacher, clerical person or similar profession or occupation. See
definition of "conditional use."
That portion of a lot excluding areas set aside or used for
buildings, parking, loading and streets, such area to be devoted to
recreational uses and/or play areas with appropriate recreational
equipment, park furniture and landscape plantings.
Any type of structure, excavation or paved section, excluding
driveway or curb.
A duly organized school giving instruction in business or
vocational trade subjects.
An area of land, with or without buildings, used for the
storage of used and discarded materials, including but not limited
to wastepaper, rags, metal, building materials, house furnishings,
machinery, vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
The deposit or storage on a lot of two or more unlicensed, wrecked
or disabled vehicles or the major part thereof shall be deemed to
be a junkyard.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person(s) having a proprietary interest in land.
A completely planted visual barrier that complies with all
of the standards and requirements set forth in the subdivision ordinance.
A limited brewery is a commercial facility which shall not
sell or serve food or operate a restaurant, which brews any malt alcoholic
beverage in quantities for which it is licensed by the Alcoholic Beverage
Commission and which sells the product at retail to consumers on the
licensed premises of the brewery for consumption on the premises but
only in connection with tours of the brewery, or for consumption off
premises in a quantity of not more than 15.5 fluid gallons per person,
and to offer samples for sampling purposes only. "Sampling" shall
mean the selling at a nominal charge or the gratuitous offering of
an open container not exceeding four ounces of any malt alcoholic
beverage produced on the premises. For purposes of this definition,
the term "Limited Brewery" shall be consistent with the provisions
of N.J.S.A. 33:1-10(1)(b), as may be amended from time to time.
[Added 12-27-2017 by Ord.
No. O-2017-12]
Paved accommodation off the street for the loading of trucks,
in the form of one or more truck berths located either within a building
or on the same lot.
A lot abutting upon two or more streets at their intersection.
The owner, when first applying for a building permit, shall designate,
subject to approval by the Zoning Officer, which of the two streets
is to be the principal frontage for the purpose of establishing the
front, rear and side yard requirements of the lot. Notwithstanding
the foregoing, corner lots shall be subject to the front yard setback
requirements and minimum frontage requirements on all bordering streets
as if each was a front yard. In the case of any question with respect
to said determination, appeal shall be to the Zoning Board without
cost or fee.
The aggregate of all impervious surfaces on a lot, including
houses, sun parlors, foyers, porches, breezeways, projecting eaves,
gutters, awnings, pools, steps, patios, decks, driveways, walks and
other impervious surfaces.
The mean horizontal distance between the front or street
lot line and the rear lot line.
A lot, the side lines of which do not abut a street.
The line separating the lot from the street line.
The lot line, which is opposite the front lot line.
Any lot line that is not a front lot line or a rear lot line.
An interior lot having frontage on two streets or one street
and an alley.
The horizontal distance between the side boundary lines of
the lot measured at the building line, except that where the extension
of the side lines of the lot converge towards the rear, the lot width
shall be measured on a line parallel to the building line and 25 feet
in back of the building line.
A function involving either the processing or production
of materials, goods or products.
A combination signboard and protective covering from the
elements supported solely by the building to which it is attached.
A building constructed as a professional building for the
offices of two or more medical practitioners.
Occupancy of a building or land for more than one use.
A portable sign which is not affixed to a building's structure
or permanently attached to a freestanding structure.
[Amended 12-9-2009 by Ord. No. 11-2009]
See "undertaking establishment."
See "dwelling, multiple."
A use or activity that was lawful prior to enactment of this
chapter but fails to conform to the requirement of this Chapter in
which it is located by reason of adoption, revision or amendment.
A parking area, as hereinafter defined, for the parking of
passenger vehicles of the occupants, employees, visitors and patrons
of specified types of buildings which is not located on a municipal
right-of-way.
An open, off-street land area, including parking spaces and
access and egress drives or aisles, used or required by this chapter
for the parking of automobiles or other vehicles exclusively and in
which no gasoline or automobile accessories are sold and no other
business is conducted.
Accommodation for the parking of a motor vehicle on a lot
provided for restricted use in connection with a particular business
or private enterprise or as an adjunct to a housing development or
private residence, whether operated for gain or not, whether cooperatively
established and operated or not. Such parking spaces may consist of
parking lots, private garages or other structures and accessories;
they may be surface facilities or facilities above or under the ground.
A portion of land paved with a weatherproof surface for parking
space, driveways or streets. In the computation of such, that area
covered by buildings shall be excluded.
Any individual, firm, partnership, agency or corporation.
A roofed, open structure projecting from the front, side
or rear wall of a building and having no enclosed features of glass,
wood or other material more than 30 inches above the floor thereof,
except the necessary columns to support the roof.
Any lot, area or tract of land, whether used in connection
with a building or not.
A lot or plot with or without buildings or other improvements
located thereon.
See "yard, rear."
See "lot line, rear."
A private or public space, including essential buildings
and structures, used for play and recreational space for individuals
or groups of individuals.
A service provided to the general public in emergency and
non-emergency situations for the preservation of life and property.
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed while seated at
a table, counter or a booth within a building on the premises, except
that take-out service may be permitted as an ancillary service to
the overall operation.
Any sales of goods and services to the general public as
distinguished from wholesale sales that are not normally made to the
general public.
The lines upon which the width of the abutting street is
established, i.e. the property lines, not the curb line.
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district.
See "building setback line."
See "yard, side."
See "lot line, side."
That portion of a building included between the upper surface
of a floor and the upper surface of a floor or roof next above.
A line which is at an equal distance from both street lines.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof or exterior walls.
A swimming pool, and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his household and guests without charge for admission and not for the purpose of profit or in any connection with any business operated for profit and located on a lot as an accessory use to a residence. (See Ch. 114)
A function involved in the examination of the qualities,
performances or capabilities of a product, goods or material.
Those lots that have street frontage on opposite ends of
the lot.
[Added 12-11-2002 by Ord.
No. 9-02]
The premises used by a licensed mortician concerned with
the arrangement of cremation or burial of the dead and the overseeing
of burials.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks and any other motorized
vehicle.
The main or primary purpose or purposes for which land, a
structure, building and/or sign, or use therefore, is designated,
arranged or intended or for which they may be occupied or maintained
under the Zoning Ordinance. All other structures, buildings, signs
or uses on the same lot and incidental or supplementary thereto and
permitted under the Zoning Ordinance shall be considered accessory
use.
A separate structure, not for living purposes, used for the
storage of materials and equipment.
An open space on the same lot with a building.
FRONT YARDA yard extending across the full width of the lot, the depth of which is the minimum setback distance between the front foundation line of the building and the front lot line. With respect to any principal building on a lot abutting the Delaware River, that portion of the real property between the principal building and the Delaware River shall be deemed the front yard within the meaning of this definition regardless if it abuts or is dissected by Bank Avenue. When a riverfront lot also abuts a street, the yard fronting on that street shall also be a front yard and shall be treated as though it is a through lot or corner lot, when appropriate.
[Amended 7-9-2014 by Ord.
No. 4-2014]
REAR YARDA yard extending across the full width of the lot between the rear most main building and the rear lot line, the depth of which shall be the mean distance between the rear lot line and the rear of such building.
SIDE YARDAn open unoccupied space within the lot between the side lot line and the parts of the building, structure or outbuilding nearest thereto. Such side yard shall extend on both sides of the lot through from the street from the street right-of-way line to the rear line of said lot.
OTHER YARDSWith respect to each yard of an irregularly shaped lot or irregularly shaped house, said yard shall be determined by placing a rectangle in said yard between the property line and the structure, which rectangle shall be the depth required for the yard in that particular zone and the width of the structure on that side of the lot measured by extending the lines of the structure.
DETERMINATION AND APPEALThe determination as to which yards are front, side or rear yards shall be made by the Zoning Officer. This determination shall be based upon the relationship of the lot and/or the building to adjacent properties. In the case of any question with respect to said determination, appeal shall be to the Zoning Board without cost or fee.
A.Â
General rules. Measurements from right-of-way shall be taken from
the edge of the right-of-way. Measurements from watercourses shall
be taken from the center line.
B.Â
Specific area and bulk measurements. The following regulations shall
prescribe the manner in which distances are measured:
(1)Â
Land area. A two-dimensional computation using the linear measurement
of the boundary lines of the lot.
(2)Â
Building area. A two-dimensional computation using the linear measurements
of the exterior surface boundary lines taken at the building's largest
horizontal cross section.
(3)Â
Building length. The measurement shall be extended in only one general
direction.
(4)Â
Distance between buildings. The measurement shall be at the narrowest
point.
(5)Â
Highway access points. The measurement shall be taken along the right-of-way
line.
Setback line. The measurement shall extend perpendicular to
the right-of-way line.
(6)Â
Lot sizes. The minimum lot square footage shall be adhered to in
all districts.
