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City of Linwood, NJ
Atlantic County
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Table of Contents
Table of Contents
For the purpose of this chapter:
A. 
The present tense shall include the future.
B. 
The singular number shall include the plural and the plural the singular.
C. 
The word "shall" is always mandatory; the word "may" is discretionary.
D. 
The words "zone" and "district" are synonymous.
E. 
The word "building" includes "structure" and any part thereof.
F. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," "constructed for," "altered for," "converted for," "rented for," "leased for," or "occupied for."
G. 
The word "person" includes an individual, corporation, partnership, incorporated association, or any similar legal entity.
H. 
The word "includes" or "including" shall not limit the term to the specified examples, but is intended to extend its meaning to all other instances of like kind and character.
I. 
The terms "Board" and "Planning Board" are intended to mean the board of jurisdiction before which an application is made for development.
[Amended 4-11-2018 by Ord. No. 6-2018]
Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Whenever a term is used in this chapter which is defined in the Municipal Land Use Law (MLUL),[1] such term shall have the same meaning as the MLUL. The inclusion of a definition in this section shall not be deemed to imply that the use is a permitted accessory or conditional use in any zone unless explicitly authorized as such.
ABUTTING COUNTY ROAD
Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESS
A physical entrance to property.
ACCESSORY BUILDING OR STRUCTURE
A building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot. When an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part thereof.
ACCESSORY USE
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
ADDITION
A structure added to the original structure at some time after the completion of the original structure.
ADMINISTRATIVE OFFICER
For the purposes of this chapter, the administrative officer shall be the City Clerk unless the City Council designates a different municipal official.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A service way providing vehicular service access or pedestrian access to the back or side of properties otherwise abutting on a street.
ALTERATION
Any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. "Alteration" shall also mean and include any conversion of a building or a part thereof from one use to another or the moving of a building or structure from one location to another. "Alteration" shall not be construed to mean any necessary repairs and renovation of an existing structure solely for the purpose of maintenance and/or improvements of the appearance.
ANTENNA
Any transmitting or receiving device mounted on a tower, building or structure, and used for communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals or other communication signals. Excepted from this definition are antennas used exclusively by ham radio operators or other residential users.
APARTMENT
One or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit in a building containing two or more dwelling units.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVED PLAN
A plan which has been granted final approval by the Planning Board of the City of Linwood.
[Amended 4-11-2018 by Ord. No. 6-2018]
APPROVING AUTHORITY
The City of Linwood Planning Board, unless a different agency is designated by this chapter.
[Amended 4-11-2018 by Ord. No. 6-2018]
APPURTENANCES
The visible, functional, or ornamental objects accessory to and part of buildings.
ARCHITECTURAL DETAILS
The use of elements such as, but not limited to, roofed open porches, chimneys, and stairs (open and covered), to provide architectural interest and variation in the building facade. In no case are cantilevers considered architectural details.
ASSOCIATION
The entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.
ATTIC
The open, nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
BASEMENT
A floor partially below grade level having 1/2 or more of its floor-to-ceiling height above grade and with a floor-to-ceiling height of not less than seven feet. A basement shall be counted as a story if used for business purposes.
BILLBOARD
A sign advertising an occupant, product or service on other than the lot upon which the billboard is located.
BLOCK
The length of a street between two street intersections.
BOARD
The City of Linwood Planning Board, acting on an application for development.
[Amended 4-11-2018 by Ord. No. 6-2018]
BOAT
A vehicle for traveling in or on water.
BRIDGE
A structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE, PRINCIPAL
The ratio of the horizontal area of all principal buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area, exclusive of roof overhangs, unenclosed decks and patios.
BUILDING ENVELOPE
The two-dimensional space within which a principal structure is permitted to be built on a lot and that is defined by minimum yard setbacks.
BUILDING HEIGHT
See "height of building."
BUILDING LINE
A line parallel to the street line or the lot line touching that part of a building closest to the street or lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface. All yard requirements shall be measured to the building line.
BULK REGULATIONS
Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, and yard requirements.
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section 3 of P.L. 1972, c.186 (N.J.S.A. 48:5A-3).
CALIPER
The diameter of a tree trunk measured in inches a distance of six inches off of the ground.
CANOPY
A self-supporting roof-like shelter or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to said building, which shall be construed to be a part of the building to which it is affixed.
CAPITAL IMPROVEMENT PROGRAM
A timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, and may also include cost estimates and the anticipated means of financing each project.
CARTWAY
The hard or paved area of a street between the curbs, including travel lanes and parking areas, but not including curbs, sidewalks or swales.
CELLAR
See "basement."
CERTIFICATE OF OCCUPANCY (CO)
A document issued by the Construction Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and/or renovated according to and in compliance with all the applicable state codes and municipal ordinances and resolutions.
CERTIFICATION
A signed, written statement by the City Engineer and/or Construction Official that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this chapter or regulations adopted hereunder.
CHANGE IN USE
Any use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, but not including a change in ownership or occupancy unless the nature of the use, as described above, is changed.
CHILD-CARE CENTER
An establishment providing for the care, supervision and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CITY ENGINEER
That person appointed to the position by the City Council.
CLUB
A group of people organized for a common purpose to pursue common goals, interests, or activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
CLUSTER HOME
A freestanding detached building on one lot within a lot held in common ownership, serving one family. One wall of the building may be located on the side property line, provided that said wall is not more than 15 feet in height.
CO-LOCATION
The use of a common wireless telecommunications tower or a common structure, by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.
COMMERCIAL VEHICLES
A truck, bus, van, sedan, delivery vehicle, station wagon with advertising matter on the side, or any other commercially used vehicles except a passenger car with no advertising matter exposed to view (with gross vehicle weight in excess of 10,000 pounds or with a height in excess of seven feet or with greater than four wheels).
COMMON FACILITIES
Includes but shall not be limited to facilities for the common use of two or more dwellings units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.
COMMON OPEN SPACE
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.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons or entities owning such property jointly.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health-care facility within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 to 30:14-14) providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical and psychological welfare.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the City and all accompanying documents required by this chapter for approval of the application for development.
CONCEPT PLAN
An informal review of a plan for development that carries no vesting rights or obligations on any party.
CONDITIONAL USE
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in the Zoning Ordinance and upon issuance of an authorization therefor by the Planning Board.
[Amended 4-11-2018 by Ord. No. 6-2018]
CONDOMINIUM
A building, or group of buildings, in which dwelling units, offices, or floor area is owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis; the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CONSOLIDATION
The removal of lot lines between contiguous parcels.
CONSTRUCTION OFFICIAL
The City official specified in the Building Code who is charged with administering the Construction Code.
CONSTRUCTION PERMIT
Legal authorization for the erection, alteration or extension of a structure.
CONSTRUCTION STANDARDS
When used in this chapter, the construction specifications and standard construction details as prepared by the City Engineer of the City of Linwood.
CONTIGUOUS PARCELS
Tracts of land which share one or more common boundaries.
COUNTY MASTER PLAN
A composite of the plan elements for the physical development of Atlantic County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to Chapter 291 of the Laws of New Jersey.
COUNTY PLANNING BOARD
The Atlantic County Planning Board.
CUL-DE-SAC
The turnaround at the end of a dead-end street.
DAYS
Calendar days.
DEAD-END STREET
A street or portion of a street which is accessible by a single means of ingress or egress.
DECK
An unroofed platform either freestanding or attached to the building at or above 18 inches of the finished grade and not covered by a permanent roof. A deck may be constructed above a first floor portion of a building, at the floor level of the second story, but not above that level.
DEDICATION
An appropriation of land to some public use made by the owner and accepted for such use by or on behalf of the public.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DETENTION BASIN
See "stormwater detention."
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation, landfill or land disturbances and any use, change in use or extension of use of land for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION
Zoning, subdivision, site plan, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DEVELOPMENT, CONVENTIONAL
Development other than planned development or cluster development.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction, or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE EASEMENT
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRAINAGE RIGHT-OF-WAY
The land required for the installation of stormwater sewers or drainage ditches along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1A of Title 58 of the Revised Statutes of the State of New Jersey or its supplements and amendments.
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.
DWELLING
A structure or portion thereof that is used exclusively for human habitation. Dwellings may include but are not limited to the following types:
A. 
A dwelling for one family that is not attached to any other dwelling by any means.
B. 
A one-family dwelling in a row of at least two such attached 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 vertical common fire-resistant walls.
C. 
A building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell independent of both dwelling units.
D. 
A building containing three or more dwelling units, including units that are located one over another.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household, excluding a boat, trailer or other vehicle of any type or temporary shelter such as a tent.
EASEMENT
A grant of one or more property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
EASEMENT, CONSERVATION
The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.
A. 
A vertical distance above or below a fixed reference level.
B. 
A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level.
EMPLOYEES
Whenever the word "employees" or the expression "number of employees" is herein referred to, it shall mean the greatest number of persons to be employed in the building in question during any season of the year and at any time of the day or night.
ENLARGEMENT
An increase in the size of an existing structure or use, including physical size of the property, building, parking and other improvements.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located by public utilities, municipal or other governmental agencies. "Essential services" shall include first aid and emergency aid squad buildings.
EXCEPTION
Permission to depart from the design standards in this chapter.
EXISTING GRADE
The vertical location of the ground surface prior to excavating or filling.
EXTENSION
An increase in the amount of existing floor area beyond the exterior wall.
FAMILY
A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FAMILY DAY-CARE HOME
Any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child-care services are regularly provided to no fewer than three and no more than five children for no fewer than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
A. 
The child being cared for is legally related to the provider; or
B. 
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FENCE
A structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAN
The final map of all or a portion of a development which is presented to the Board for final approval in accordance with these regulations and which, if an approved subdivision, shall be filed with the proper county recording officer.
FINANCIAL INSTITUTION
Any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions.
FLOOR AREA
The sum of the gross horizontal areas of all floors of buildings, including garages measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
FOOD ESTABLISHMENT
An establishment primarily engaged in the retail sale of food which is processed or otherwise prepared for eventual consumption but not consumed on the premises. Such uses include but are not limited to the following: bakeries, delicatessens, ice cream parlors and bagel shops. Where such uses have tables, such uses shall be deemed restaurants.
FRONTAGE
See "lot, frontage."
GARAGE
A building used as accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on. A detached garage shall be defined as a accessory structure.
GAZEBO
A small building usually roofed but without walls, placed on the grounds of residential property as a decorative architectural feature having no utility services.
GOVERNING BODY
The City Council of the City of Linwood.
GOVERNMENT AGENCY
Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and any county, city, township, village, authority, district or other governmental unit.
GRADE, EXISTING
The vertical elevation of the ground surface prior to excavation or filing.
GROUND COVER
Grasses or other plants and landscaping grown or placed to keep soil from being blown or washed away.
GROUND FLOOR
The first floor of a building other than a cellar or basement.
HEIGHT OF BUILDING
The vertical distance above the average existing grade measured at any point along any wall to the highest point of the building or structure (excluding chimneys), whichever is less (see sketches[2]).
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
HOUSE OF WORSHIP
A building or structure, or groups of buildings or structures, that by design and construction is primarily intended for conducting organized religious services and associated accessory uses.
HOUSEHOLD
A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
IMPERVIOUS COVERAGE
Any material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings and other structures, parking areas, driveways, sidewalks, paving, patios, pools and spas.
IMPROVED LOT
A lot upon which exists a principal structure or building.
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. 
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
LAND
Ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.
LANDSCAPE STRUCTURE
Any structure whose purpose is primarily decorative in nature, such as flagpoles, fences, arbors, trellises and planters, and not intended for human occupancy, storage or utility purposes. Such structure shall not be restricted by setbacks or coverage definitions as defined herein.
LANDSCAPING
For the purpose of determining compliance with the minimum landscape requirements in the City's residential zone, landscaping shall be limited to vegetative cover, including grass, shrubs and trees. Areas devoted to parking and walkways, driveways and patios shall not count toward this requirement, whether impervious or not. Areas under projections and cantilevers, except roof overhangs, shall not count.
LOADING SPACE
An open space or covered area, on a lot, used only for the loading or unloading of goods to which there is direct or unobstructed access from a street or alley.
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the Municipal and County Utilities Authorities Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
LOT
A designated parcel, tract or area of land established by plat, or otherwise as permitted by law, and to be used, developed or built upon as a unit.
LOT AREA
The total area within the lot lines of a lot, not including any street rights-of-way.
LOT COVERAGE
That part of one lot or more than one lot which is improved or is proposed to be improved with buildings and/or other structures, including but not limited to principal buildings, driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface. Walks, driveways, patios, and/or courtyards constructed using paver block or brick set in sand rather than in or on concrete are calculated as fifty-percent impervious surface.
LOT DEPTH
The shortest distance between the front line and line drawn parallel to the front line through the mid-point of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the mid-point of the line parallel to the front lot line, which shall not be less than 10 feet in length, measured between its intersections with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line, for purposes of determining lot depth only.
LOT FRONTAGE
The shortest distance between the intersection points of the side lines of a lot with the front street right-of-way line.
LOT LINE
A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way, also referred to as a "street line."
LOT LINE, REAR
The lot line opposite and most distant from the front lot line or the point at which the side lot lines meet.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
The shortest distance between the side lot lines, measured at the street line; or if no setback line is established, the mean width of the lot measured at right angles to its depth. The minimum lot width, as required by this chapter, shall be maintained for at least 75% of the minimum depth, as measured continuously from the front line, except for lots which front the turnaround of a cul-de-sac, in which case lot width at the street line may be reduced to 50% of the required width. However, the lot width measured at the front setback line must be equal to or greater than 75% of the required lot width.
LOT, CORNER
A parcel of land, either at the junction of and abutting on two or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than 45°.
LOT, INTERIOR
A lot other than a corner lot.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for the maintenance of any improvements required by this Act,[3] including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the City as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
MAYOR
The chief executive of the City.
MINOR SITE PLAN
The development plan of a single lot which:
A. 
Proposes new development within the scope of development specifically permitted by this chapter as a minor site plan;
B. 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be pro-rated pursuant to § 41-55 of this Code;
C. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
D. 
Shall be limited to the following classes of development:
(1) 
A change in use involving no building construction other than interior modification or interior structural alteration, and no additional off-street parking.
(2) 
Minor exterior or structural changes, such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances.
MINOR SUBDIVISION
Any subdivision containing not more than three lots and which does not involve a planned development; any new street, or the extension of any off-tract improvement. Any lot or remaining land approved as a minor subdivision shall not be submitted as a minor subdivision within four years from the date of approval as a minor subdivision. Such lot or tract may be submitted as a major subdivision with a limit of two minor subdivisions for the resultant total tract.
MULTIFAMILY
See "dwelling."
MUNICIPAL AGENCY
The Planning Board or the City Council when acting pursuant to the Municipal Land Use Law.
[Amended 4-11-2018 by Ord. No. 6-2018]
MUNICIPAL LAND USE LAW (MLUL)
N.J.S.A. 40:55D-1 et seq., as amended.
MUNICIPAL USE
Any use made by the City of Linwood of property owned or leased by it or legally under its control by easement, license or otherwise.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance, or any amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of this chapter.
NONCONFORMING STRUCTURE/BUILDING
A structure/building, the size, dimension or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
OBLIGOR
Any individual, firm, association, corporation or any other legal entity and shall include the owner or subdivider, or both, as may be required by the City. The obligor shall be responsible for posting and executing any required performance guaranty.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OFFICE
A room, group of rooms or building used for conducting the affairs of a business, profession, service, industry or government.
OFFICIAL COUNTY MAP
A map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32).
OFF-SITE
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 a contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN PORCH
A porch open on three sides except for wire screening. A porch shall not be considered open if enclosed by either a permanent or detachable glass sash.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OUTDOOR STORAGE
The keeping in an unenclosed area of any goods, material, merchandise, or vehicles in the same place for more than 24 hours.
OWNER
An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.
PARKING AREA, PRIVATE
Any open area, including parking spaces and access aisles providing direct access thereto, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area (other than a street or other public way), including parking spaces and aisles, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation, or as an accommodation for clients, customers and employees.
PARKING SPACE
A space for the off-street parking of one operable, licensed motor vehicle within a public or private parking area.
PARTIAL DESTRUCTION
A building or structure that because of fire, flood, explosion or other calamity requires rebuilding, the value of which is less than 1/2 of the building's assessed valuation.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PATIO
A level, landscaped and/or surfaced area directly adjacent to a principal building at or within 18 inches of the finished grade, and not covered by a permanent roof.
PERFORMANCE GUARANTEE
Any security which may be accepted by the City, including cash, provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
PERFORMANCE STANDARDS
See "standards of performance."
A. 
Adopted by ordinance pursuant to P.L. 1975, c. 291, Subsection 52d (N.J.S.A. 40:55D-65d) regulating noise levels, glare, skyglow, earthborne or sonic vibrations, heat, radiation, television or radio waves, noxious odors, toxic materials, explosive and flammable materials, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality; or
B. 
Required by applicable federal or state laws or municipal ordinances.
PERMIT
A certificate issued to perform work under this chapter.
PERMITTED USE
Any use which shall be allowed, subject to the provisions of this chapter.
PERMITTEE
Any person to whom a permit is issued in accordance with this chapter.
PERSON
A corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the state or any agency or instrumentality thereof.
PLAT
A map or maps of a subdivision or site plan.
PODS® (PORTABLE ON DEMAND STORAGE)
A nonmotorized storage container for on-site storage.
POOL
A water-filled enclosure permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.
PORCH
A roofed open area which may be screened, attached to or part of a building with direct access to or from it.
PRELIMINARY APPROVAL
The conferral of certain rights, pursuant to Sections 34, 36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49), prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs.
PRINCIPAL BUILDING
A building in which the main use of the lot is conducted.
PROFESSIONAL OFFICE
The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupation, be conducted by a member of the residential family entirely within a residential building and include only the offices of doctors or physicians, veterinarians, dentists, optometrists, ministers, architects, professional engineers, lawyers, artists, authors, musicians and other similar professional occupations which may be so designated by the Planning Board upon findings by the Board that the occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof. The issuance of a state or local license for regulation of any gainful occupation need not be deemed conclusive of professional standing.
[Amended 4-11-2018 by Ord. No. 6-2018]
PROHIBITED USE
A use which is not permitted in a zone.
PROPERTY
A lot, parcel, or tract of land together with the building and structures located thereon.
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development or any amendment thereto adopted by the appropriate public body.
PUBLIC DRAINAGEWAY
The land reserved and dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC IMPROVEMENTS
Improvements which the Board may deem necessary or appropriate, including but not limited to streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
PUBLIC UTILITY FACILITIES
Telephone and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public.
QUORUM
A majority of the full authorized membership of a municipal agency.
RECHARGE
Release of collected or directed stormwater through soil infiltration.
RECREATIONAL VEHICLE
A vehicular-type portable structure without a permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including:
A. 
Includes any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
B. 
The boat, motor and trailer shall not exceed 25 feet in length.
C. 
A vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels with a superstructure made, in part or in whole, of canvas and metal frame and designed for travel, recreational and vacation uses.
D. 
A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
E. 
A structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for a temporary dwelling for travel, recreational or vacation uses.
F. 
A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses.
RECREATION FACILITY
A place where sports, leisuretime activities and customary and usual recreational activities are carried out.
RECREATION FACILITY, PRIVATE
Facilities operated by a private organization and open only to bona fide members and guests of such organization.
RECREATION FACILITY, PUBLIC
Facilities operated by the City, county or other governmental agency.
RESTAURANT
An establishment where food and drink are prepared and/or served and consumed at tables within the principal building, including sidewalk dining where allowed and takeout service, without facilities for drive-through order and for drive-through pickup.
RESTAURANT, DRIVE-THROUGH
An establishment where food and drink are prepared, served and consumed primarily within the principal building, with facilities for drive-through order and/or drive-through pickup.
RESTAURANT, FAST-FOOD
An establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises and whose desire or principal method of operation permits or encourages self-service, high-turnover dining.
RESTAURANT, TAKE-OUT
An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
RESUBDIVISION
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 made so as to combine existing lots by deed or other instrument.
RETAIL SALES
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and without necessarily rendering services incidental to the sale of such goods.
RETAIL SERVICE
Establishments engaged in providing services for individuals, businesses, government and other organizations and includes finance; insurance, real estate and personal services; business services and miscellaneous repair services; motion pictures, amusement and recreation services; health services and educational services; social services, museums, art galleries, botanical gardens and zoological gardens.
RIGHT-OF-WAY LINES
The lines that form the boundaries of a right-of-way.
SATELLITE EARTH STATION ANTENNA
A parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves.
SCHOOL
Any building or part thereof which is designed, constructed or used for the education of students up to and through the secondary level and licensed by the State of New Jersey.
SCHOOL BUS
Every motor vehicle operated by, or under contract with, a public or government or government agency, or religious or other charitable organization or corporation, or privately operated for compensation for the transportation of children to or from school for secular or religious education, which complies with the regulations of the Department of Education affecting school buses, including School Vehicle Type I and School Vehicle Type II.
SCHOOL VEHICLE TYPE I
Any vehicle with a seating capacity of 17 or more, used to transport enrolled children, and adults only when serving as chaperones, to or from school, a school-connected activity, day camp, summer camp, nursery school, child-care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the Division of Motor Vehicles and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency.
SCHOOL VEHICLE TYPE II
Any vehicle with a seating capacity of 16 or less, used to transport enrolled children, and adults only when serving as chaperones, to or from school, a school connected-activity, day camp, summer camp, nursery school, child-care center, preschool center or other similar places of education. Such vehicles shall comply with the regulations of the Division of Motor Vehicles and either the Department of Human Services, whichever is the appropriate supervising agency.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means.
SERVICE STATION
A place where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles and/or which may provide for the maintenance and service.
SETBACK
The required yard or distance between buildings and property lines. Setback is measured from the property line to the furthest protrusion of the building or structure (i.e., roof eves, overhangs, bay windows, etc.).
SETBACK LINE
That line to which a building must be set back from the property line.
SIDEWALK
A way for carrying pedestrian traffic. It may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
SIGHT TRIANGLE
A triangular-shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.
SIGN
Any device, fixture, placard or structure that uses color, form, pictures, displays, graphics, illumination, symbols or writing to advertise, attract attention to, announce the purpose of or identify a person, entity or thing or to communicate any information to the public.
SIGN, DIRECTIONAL
Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
SIGN, FREESTANDING
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.
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark, or other identifying symbol, address, or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
SIGN, NAMEPLATE
A sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
SIGN, PERMANENT
Any sign that is painted directly on the window glass with permanent paint or that is mounted by bolts or screws, or otherwise in a permanent fashion, on a permanent structure.
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
SIGN, ROOF
A sign that is mounted on the roof a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof.
SIGN, SANDWICH BOARD
A sign that is not affixed to a building, structure or the ground.
SIGN, TEMPORARY
Any sign designed or intended to be displayed for a short period of time.
SIGN, WALL
Any sign attached parallel to, but within 10 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.
SIGN, WINDOW
Any sign that is placed within 24 inches of a window or upon the window panes or glass and which is visible from the exterior of the window.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
B. 
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;
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SITE PLAN REVIEW COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman for the purpose of classifying site plans.
SLOPE
Deviation of a surface from the horizontal, usually expressed in percent or degree.
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
STANDARDS OF PERFORMANCE
Standards adopted by ordinance pursuant to Chapter 291 of the Laws of the State of New Jersey, 1975,[4] regulating noise levels, glare, vibrations, heat, radiation, odors, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the City of Linwood or required by applicable federal or state laws for municipal ordinances.
STORAGE SHED
An accessory building used for the storage of items such as, but not limited to, tools, lawn and garden equipment and furniture and similar items of personal property belonging to the occupant of the principal structure.
STORMWATER RETENTION
A facility or other means used to control water or runoff.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
The area under a sloping roof where the possible floor area with headroom of five feet or more occupies no more than 1/3 of the floor area of the floor immediately below. Where the floor area with a floor-to-ceiling height in excess of five feet is more than 1/3 of the floor area immediately below, it shall count as a full story.
STREET
Any street, avenue or boulevard, board, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this chapter or which is shown on plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose this chapter, streets shall be classified as follows:
A. 
Arterial streets: those which are used primarily for fast or heavy traffic.
B. 
Secondary traffic streets: streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
C. 
Connector streets: those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
STRUCTURE
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.
A. 
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:
(1) 
Divisions of property by testamentary or intestate provisions.
(2) 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
(3) 
Consolidation of existing lots by deed or other recorded instrument.
(4) 
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 City.
B. 
The term "subdivision" shall also include the term "resubdivision."
SURVEY
A map showing the boundary lines of the property and location of existing improvements thereon, prepared by a licensed land surveyor.
SURVEY CERTIFICATION
A certification in lieu of oath or affidavit confirming the accuracy of the survey.
TERRACE
See "patio."
TRACT
Property which is the subject of a development application.
TRESPASS LIGHTING
Lighting from an adjacent property which exceeds 0.1 footcandle.
TWO-FAMILY DWELLING
See "dwelling."
USE
The purpose or activity for which land or buildings are arranged, designed or intended or for which land or buildings are occupied or maintained.
USE, PRINCIPAL
The main or primary activity of any lot or parcel.
VARIANCE
Permission to depart from the literal requirements of the Zoning Ordinance.
WAIVER
Permission to depart from the requirements of this chapter with respect to the submission of required maps or documents.
YARD
An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter shall be unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.
YARD, FRONT
A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at its closest point to the front lot line. Said front yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter. Corner lots shall be deemed to have more than one front lot line.
YARD, REAR
A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at its closest point to the rear lot line. Said rear yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.
YARD, SIDE
A space extending from the front yard to the rear yard between the principal building and the side lot line.[5]
ZONING PERMIT
A document signed by the Zoning Officer:
A. 
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
B. 
Which acknowledges that such use, structure or building complies with the provision of the Municipal Zoning Ordinance or variance therefrom duly authorized by the appropriate agency of the City pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Zoning diagrams are included at the end of this chapter.
[3]
Editor's Note: “This Act” refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-7.
[5]
Editor's Note: The former definition of "Zoning Board," which immediately followed, was repealed 4-11-2018 by Ord. No. 6-2018.