This Part 3 shall be known and may be cited as the "Zoning Regulations of the Township of Clark."
This Part 3 is enacted in accordance with the Master Plan of the Township of Clark, as amended, and is enacted for the following purposes:
To guide the appropriate use and development of land in a manner which will promote the public health, safety, morals and general welfare.
To secure safety from fire, flood, panic and other natural and man-made disasters.
To provide adequate light, air and open space.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and preservation of the environment.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
To protect and preserve the unique character, identity and historic heritage of historical districts and historical sites.
To comport with such other purposes as set forth in N.J.S.A. 40:55D-2.
No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such building or premises is located.
[Amended 9-15-2003 by Ord. No. 03-27; 8-11-2004 by Ord. No. 04-11; 12-20-2004 by Ord. No. 04-20; 12-20-2004 by Ord. No. 04-21; 7-18-2005 by Ord. No. 05-14]
As used in this Part 3, the following terms shall have the meanings indicated:
- ACCESSORY BUILDINGS
- See "building, accessory."
- ACCESSORY STRUCTURE
- See "structure, accessory."
- ACCESSORY USE
- See "use, accessory."
- AGE-RESTRICTED MULTIFAMILY RESIDENTIAL DEVELOPMENT
- A residential development containing age-restricted dwellings
and providing facilities and services specifically designed to meet
the needs of older persons, consistent with the guidelines and requirements
of the United States Department of Housing and Urban Development (HUD).
Affordable housing units in age-restricted multifamily residential
developments meet all necessary standards and requirements for low-
and moderate-income housing units in accordance with the rules and
regulations of the New Jersey Council on Affordable Housing (COAH).[Amended 6-21-2010 by Ord. No. 10-12]
- Any change, addition, or modification in construction or location of a structure or any change in the use of land.
- AMEND or AMENDMENT
- Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zone; or any repeal or abolition of any map, part thereof or addition thereto.
- A dwelling unit occupying a portion of a structure and consisting of a room or a suite of rooms affording private cooking and bathroom facilities. See also "dwelling unit."
- APARTMENT, GARDEN PROJECT
- A grouping or complex of buildings containing individual apartment units and characterized by their low-height and low-density design wherein a large proportion of the total project land area remains free of structures and pavement for recreational and aesthetic purposes. See also "dwelling, multiple-group."
- AUTOMOBILE WRECKING
- See "junkyard."
- That portion of a building below the first-floor joists, at least 1/2 of whose clear ceiling height is above the average finished grade at the foundation. When finished for use for dwelling or business purposes, such space shall be deemed a story in applying the height regulations of this Part 3.
- BIG-BOX RETAIL STORE
- A retail use that stocks an inventory of goods in large quantities
for the purpose of selling retail from a building in which the goods
are held and which utilizes warehouse stack storage technique on the
sales floor area.[Added 6-21-2010 by Ord. No. 10-09]
- See "sign, outdoor advertising."
- BOARDINGHOUSE or ROOMING HOUSE
- A dwelling which, for compensation, lodging or meals, or both, is furnished to two or more, but not exceeding six, guests.
- BOARD OF ADJUSTMENT
- The Zoning Board of Adjustment of the Township, as established under Chapter 195, Part 1, Administrative Procedures.
- A structure having a roof supported by columns or walls, used for the shelter or enclosure of persons, animals or property.
- BUILDING, ACCESSORY
- A building subordinate to, and located on the same lot with, a principal building, the use of which is clearly incidental to that of the principal building or to the use of the land and which is not attached by any part of a common wall or roof to the principal building. The setback provisions of this Part 3 shall not apply to an accessory building measuring less than 90 square feet in gross floor area and less than nine feet in height.
- BUILDING, FLOOR AREA OF
- The total number of square feet of floor area in a principal building, excluding attics, cellars and crawl spaces, unenclosed or uncovered steps, terraces, patios, porches and breezeways, attached private garages, and accessory buildings as hereinbefore defined. Any space with a clear ceiling height of less than the minimum prescribed in the Township Building Code shall not be included as part of the floor area of a building. Only those portions of a basement, as hereinbefore defined, finished off and used for living purposes, shall be considered as part of the floor area for a residential building. The floor area shall be determined by using horizontal measurements between the exterior faces of walls or between the center lines of common party walls.
- BUILDING, GROUND AREA OF
- The number of square feet of horizontal surface covered by a building, including covered porches, covered wood decks, attached garages and accessory buildings. All measurements shall be made between exterior faces of walls, foundations, piers or other means of support.
- BUILDING, HEIGHT OF
- The vertical distance measured from the natural existing grade elevation to the highest roof surface of the front roof to the deckline of a mansard roof or the mean height level between the eaves and ridges of a gable, hip or gambrel roof; provided, however, that the original grade of the property shall not have been altered.
- BUILDING LINE
- The line beyond which the foundation wall and/or any enclosed or covered porch, vestibule, or other enclosed or covered portion of a building, including attached private garages, shall not project, except as hereinafter provided.
- BUILDING PERMIT
- A permit issued by the Construction Code Official prior to the start of construction, erection or alteration of any building or other structure, or part thereof, and prior to the putting into use of any lot or area of land, or part thereof, for any purpose, certifying that such building or other structure, or part thereof, or such use of any lot or area of land, or part thereof, is in accordance with all applicable requirements of the Township Building Code and/or this Part 3 and any amendments thereof.
- BUILDING, PRINCIPAL
- A building or buildings on a lot in which is conducted the principal use of the property.
- That portion of a building below the first-floor joists, at least 1/2 of whose clear ceiling height is below the average finished grade at the foundation. Such space shall not be used as a separate dwelling unit or for business purposes and shall not be counted as a story in applying the height regulations of this Part 3.
- CERTIFICATE OF OCCUPANCY
- A certificate issued by the Construction Code Official upon the completion of the construction, erection or alteration of a building upon its use or occupancy, or upon any change in the use or occupancy of a building or other structure or lot or area of land, or part thereof, certifying that all applicable requirements of this Part 3, and amendments and adjustments thereof, and all other applicable requirements have been complied with.
- CLINIC, ANIMAL
- A facility for the treatment of animals in which there are no boarding provisions and no outdoor facilities or runs.
- CLINIC, MEDICAL
- A facility for the medical treatment of outpatients only, without boarding or overnight provisions for patients.
- CONSTRUCTION CODE OFFICIAL
- The official who administers the construction codes adopted pursuant to the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
- Any open, uncovered, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or group of buildings.
- COURT, INNER
- A court enclosed on all sides by exterior faces of a building or group of buildings or by freestanding walls. The least dimension, the distance between opposite sides measured at right angles to the longest side, is controlling in design and layout of the inner court.
- COURT, OUTER
- A court open on at least one side for not less than 75% of its width and extending to any yard on the lot or to a street, alley or public way. The depth of an outer court shall be the greatest horizontal dimension measured at right angles from the yard, street, alley or public way upon which such court opens to the face of the building or freestanding wall opposite thereto. The width of an outer court is its least horizontal dimension measured at right angles to the depth of such court.
- A division of the total area of the Township within which the uses of land and the use, bulk and density of structures are regulated consistent with the objectives and policies established in the Comprehensive Master Plan.
- A building, or portion thereof, used to provide living facilities for one or more families, but not including boardinghouse or rooming house facilities or motel and hotel facilities.
- DWELLING, AGE-RESTRICTED
- A housing unit that is restricted to occupancy by at least
one person that is at least 55 years of age or older.[Amended 6-21-2010 by Ord. No. 10-12]
- DWELLING, DETACHED
- A building used to provide living facilities to one or more families and which is entirely separated from any building by spaces on all sides.
- DWELLING, MULTIFAMILY
- A building containing three or more dwelling units.
- DWELLING, MULTIPLE-GROUP
- A group of two or more multifamily dwellings occupying a parcel of land under one ownership, all joined as a unit by common open space and similar architectural styling and subject to the special regulations and provisions set forth in § 195-128, R-A District.
- DWELLING, SEMIDETACHED
- A building situated astride two abutting lots and consisting of two dwellings separated by a common party wall along the dividing lot line and separated from any other building by space on all sides.
- DWELLING, TOWNHOUSE
- One of a series of three to 10 attached dwelling units separated from one another by continuous vertical walls without openings from basement (cellar) floor to roof.
- DWELLING, TWO-FAMILY
- A building containing not more than two dwelling units, arranged one above the other or side by side.
- DWELLING UNIT
- A building, or portion thereof, used for occupancy by not more than one family for living purposes and having cooking and bathroom facilities.
- EDUCATIONAL INSTITUTION, NONPUBLIC
- Any private or parochial institution which offers college, high school, junior high school, elementary, kindergarten or nursery school instruction, provided that the following requirements shall apply:
- A. The Planning Board shall review the plot plan and make recommendations thereon prior to the issuance of any building permit or certificate of occupancy.
- B. The minimum lot area shall not be less than 25,000 square feet. Lot area shall be determined on the basis of a minimum of 1,250 square feet per pupil.
- C. The minimum lot frontage shall be 125 feet.
- D. Schools or studies offering music, art or dancing instruction, or instruction in a vocational trade, shall not be classified as nonpublic educational institutions.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance by public utilities or by municipal or other governmental services in any street, alley, right-of-way or easement provided therefor on a subdivision plat of underground or overhead electrical and communications systems; gas, steam, or water transmission, distribution or supply systems; sewerage and other collection and disposal systems; and traffic control and police protection systems, including all equipment, accessories, and appurtenances in connection therewith, provided that "essential services" shall not be construed to include "public utility installations," as defined in this section. In the event of conflict between the two, "public utility installation" shall be deemed to apply. Essential services may not exceed 50 feet in height.
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
- Any parcel of land, five acres or greater in size, used for the raising and sale of agricultural, poultry or dairy products or livestock, but not including the slaughtering of animals for commercial purposes.
- FARM STANDS
- Farm stands shall only be permitted where:
- A. The products sold are in their natural state.
- B. The stands are located on a farm.
- C. The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side or rear lot line.
- D. The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factors as specified in this Part 3.
- E. The sale of any such products shall also require that a suitable amount of off-street parking and loading space be required as provided in this Part 3.
- FLOOR AREA RATIO (FAR)
- The ratio of the gross floor area of a building to the total lot area.
- FUNERAL HOME (MORTUARY)
- An establishment whose uses shall be limited to the usual and normal funeral activities, provided that the embalming of persons shall be limited to the embalming of clients of the funeral home and shall not include embalming for other funeral homes.
- GARAGE, PRIVATE
- An enclosed accessory building or portion of a principal building used for the housing of private motor vehicles and in which no occupation, business or service for profit may be carried on and which shall be a minimum of 240 square feet of surfaced floor area, but not more than 300 square feet for one-car garages and not to exceed 650 square feet for two-car garages. No more than one two-car garage shall be permitted for any one- or two-family detached dwelling. In the event that the gross floor area of a residential dwelling, exclusive of garage area, exceeds 3,000 square feet, the garage may be expanded to an amount not to exceed 25% of the gross floor area, exclusive of the garage. However, no more than three garage door openings shall be permitted. A garage may be a detached accessory building on the same lot of such dwelling or may be attached to or incorporated into such dwelling.
- GARAGE, SERVICE AND REPAIR
- A building, or portion thereof, other than a motor vehicle sales establishment, used for the repair and servicing of motor vehicles and the sale of replacement parts and accessories. Heavy body and collision repair work, painting and refinishing shall be excluded. Such garage shall not be used for the storage of dismantled or wrecked motor vehicles or junk.
- GASOLINE FILLING STATION
- Any area of land, including buildings and other structures thereon that are used for dispensing of motor vehicle fuels, oils and accessories at retail, where repair service is incidental, where no storage or parking space is offered for rent, and where storage of dismantled or wrecked motor vehicles or motor vehicle sales is prohibited. No gasoline filling station shall be located within 1,500 feet of a public or nonpublic educational institution, nor another gasoline filling station where such station would be located on the same street or on an intersecting street. Such distance shall be measured on a radius of 1,500 feet from any part of the lot or plot on which such station is to be located from the lot line of a public or nonpublic educational institution or another gasoline filling station.
- GOLF COURSE
- Land laid out for golf and having a minimum area of 50 or more contiguous acres to support a nine-hole, full-size facility, together with the necessary uses, buildings and structures, such as, but not limited to, clubhouse facilities, driving range, dining and refreshment facilities, equipment sale facilities ("pro shop"), swimming pools, tennis courts and other recreational facilities, provided that the operation of all such facilities is incidental to the operation of the golf course.
- GRADE, FINISHED
- The average ground elevation of the lot at the front building line after all proper lot grading has taken place.
- GRADE PLANE
- That grade of ground area representing the average of finished ground level (after grading and seeding) adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the ground level shall be established by the lowest points within the area between the building and the lot line. Similarly, when the lot line is more than six feet from the building, the ground level shall be established by the lowest points between the building and a point six feet from the building, excluding any advantage retaining walls or slopes greater than three to one might provide in creating a ground level that would result in a structure being constructed higher than allowed by the existing ground surface as interpreted by the Township Engineer. The foregoing is to be utilized when calculating height requirements.
- GROSS FLOOR AREA
- The sum of the gross horizontal areas of the several floors of a building from the exterior faces of exterior walls, but excluding basements, cellars, garages and any space where the floor-to-ceiling height is less than six feet.
- HEALTH CLUB
- An establishment that provides facilities for any personal improvements, such as aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities and saunas, showers, massage rooms and lockers, or similar activities.
- A. An accessory use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental to the use of the dwelling for residential purposes and does not alter the character thereof, provided that:
- (1) In connection with which there is used no display except one sign, not exceeding a total area of two square feet, affixed to the building, and if illuminated, illuminated only by a shielded indirect light source or equivalent light not offensive to surrounding residences;
- (2) In connection with which there is kept no stock-in-trade or commodity sold upon the premises;
- (3) In connection with which only a member, or members, of the resident family are employed; and
- (4) Not more than 30% of the floor area of the building is used for such accessory use.
- B. Such activities and uses as boardinghouse or rooming house operations, tourist homes, clinics, barbershops and beauty parlors, animal hospitals, private nursery and kindergarten schools, music studios, art or dancing schools for group instruction, repair of heavy mechanical or electrical equipment, the keeping of and use of mechanical or electrical equipment that would cause electrical or other interference with radio or television reception in nearby residences, and all other activities and uses which would cause offensive and excessive noise, light, vibration or other disturbances, or would result in excessive residential street traffic, shall not be deemed home occupations under the terms of this Part 3.
- A building, usually multistory, containing a group of two or more rooms or suites of rooms, with entrances from interior hallways or corridors, used for the overnight accommodations of transient guests and where no individual cooking facilities are provided. A boardinghouse or rooming house denotes occupancy on a more permanent basis.
- IMPERVIOUS COVER
- The sum of the areas of all impervious surfaces and structures divided by the area of the lot; impervious surfaces and structures include buildings, sidewalks, driveways, patios, decks and roofed structures.
- Any lot or parcel, or part thereof, used for the abandonment, storage, keeping, collecting or baling of paper, rags, scrap metal or other scrap or discarded materials or for the abandonment, storage, dismantling, demolition or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.
- LIMITED MANUFACTURING
- The fabrication, processing or assembly of goods and materials, or the storage of bulk goods and materials, where such activities, goods or materials create no major hazard from fire or explosion, produce no toxic or corrosive fumes, gas, smoke or odors, produce no obnoxious dust or vapors, produce no offensive noise or vibrations, glare, flashes or objectionable effluent or produce no danger from radiation.
- LOADING SPACE
- An off-street space, bay or berth on the same lot with a structure, or contiguous to a group of structures and buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
- An area of land occupied by a building and its accessory buildings, or by a group of related buildings and their accessory buildings, together with such parking, loading, or open space as is required under the provisions of this Part 3, having not less than the minimum area required by this Part 3 for a lot in any particular district in which such lot is located and having the required frontage on a street. The term "lot of record" shall apply to an individual area of land legally existing, as shown by the latest official records or as shown by the latest approved subdivision plat filed among the land records of Union County.
- LOT AREA
- The total horizontal area included within all lot lines and existing or proposed street lines.
- LOT, CORNER
- A lot with frontage on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°.
- LOT COVERAGE
- The ratio, expressed as a percentage, of the ground area of buildings to the lot area. Lot coverage limits may be exceeded by no more than 500 square feet for the construction of an in-ground pool.
- LOT DEPTH
- The average horizontal distance between the front and rear lot lines.
- LOT, DOUBLE-FRONTAGE
- A lot, other than a corner lot, having frontage on two streets.
- LOT, INTERIOR
- Any lot, other than a corner lot, but including a double-frontage lot.
- LOT LINE, FRONT
- The street line running along the front of the lot, separating it from the street. In a double-frontage lot, both lines abutting the street shall be deemed to be front lot lines.
- LOT LINE, REAR
- The lot line opposite and most distant from the front lot line, except in a double-frontage lot. If the rear lot line is less than 10 feet long, or the lot comes to a point at the rear, the rear lot line is assumed to be a line not less than 10 feet long, lying wholly within the lot, parallel to the front lot line or, in the case of a curbed front line, parallel to the chord of the arc of such front lot line.
- LOT LINE, SIDE
- Any lot line, other than a front or rear lot line. For corner lots, whichever of the two lot lines separating the lot from the intersecting streets is the greater in length shall be deemed to be a side street line.
- MASTER PLAN
- A document adopted by the Planning Board, generally comprising a report or statement on land use and development proposals, with maps, diagrams and text, pursuant to N.J.S.A. 40:55D-28.
- MIXED-USE DEVELOPMENT
- The development of a tract of land, building or structure
containing more than one principal permitted use and designed as a
comprehensive, integrated development.[Added 6-21-2010 by Ord. No. 10-09]
- A building or group of buildings containing any group of two or more rooms or suites of rooms, usually having a direct entrance from the exterior of the building, for the overnight accommodation of transient guests and having adjacent, readily accessible off-street parking facilities.
- MOTOR INN
- See "hotel."
- MOTOR VEHICLE SALES ESTABLISHMENT
- A lot, or portion thereof, and any structures thereon, including buildings, used for the storage, display and sale of new and/or used motor vehicles and where normal servicing and repair work is incidental to the principal use of such lot, or portion thereof, and structures.
- NONCONFORMING STRUCTURE
- Any structure, including a building, which in design and location upon a lot or parcel does not conform to the requirements of this Part 3 for the district in which such lot is situated.
- NONCONFORMING USE
- A use of a structure, including a building, or of land lawfully existing at the time this Part 3 and/or previous ordinances or amendments thereto became effective, which does not conform with the use regulations of this Part 3 for the zone in which it is located.
- Includes "arranged, intended or designed to be occupied."
- OPEN SPACE
- An area of land associated with and located on the same lot, parcel or tract of land as a principal building or group of buildings in relation to which it serves to provide light and air and scenic, aesthetic, recreational or similar purposes. Such space shall, in general, be available for entry and use by the occupants of the building or buildings involved, but may include a limited proportion of open space so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Open space may include, but not be limited to, lawns, decorative plantings, sidewalks and walkways, active and passive recreation areas, wooded areas and watercourses, but shall not include parking lots or vehicular surfaces, accessory buildings other than swimming pools, nor areas so located, so small or so circumscribed by buildings or parking areas as to have no substantial value for the purposes stated in this definition.
- PARKING, LAND-BANKED
- Required parking, or portion thereof, the construction of
which is permitted to be deferred until needed.[Added 6-21-2010 by Ord. No. 10-11]
- PARKING, OFF-STREET AREA
- The off-street accommodations for the parking of automobiles in connection with a business establishment, industry, public or quasi-public use, multiple-group apartment and other public and private uses. Such parking accommodations shall be considered as accessory uses and shall not be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.
- PARKING SPACE
- A permanently surfaced off-street area of not less than 180 square feet, exclusive of interior driveways or entrance and exit driveways, either within a structure or in the open, for the parking of one automobile.
- PILOT PLANT
- Part of a research facility used to test out concepts and
ideas, to determine physical layouts, material flows, type of equipment
required and costs and to secure other information prior to full-scale
production.[Added 6-21-2010 by Ord. No. 10-11]
- PLANNED COMMERCIAL DEVELOPMENT
- An area of a minimum contiguous size, as specified by ordinance, to be developed according to plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any other uses incidental to the predominant use as may be permitted by this Part 3.
- PLANNING BOARD
- The Planning Board of the Township.
- PLOT PLAN
- A plan submitted for review which shows the location of a building or buildings, driveways, parking areas, provisions for drainage, lighting and landscaping and whatever other information may be required.
- PRIVATE OR QUASI-PUBLIC CLUB
- An incorporated or unincorporated association or organization for civic, social, cultural, religious, literary, political, recreational or like activities, operated for the benefit of its members and not open to the general public.
- PROFESSIONAL OFFICE
- The office or studio of a doctor or physician, but not including medical clinics; dentist, but not including dental clinics; lawyer; minister; architect; professional engineer; accountant; or teacher. For the purposes of this definition, "teacher" shall be restricted to a person giving individual instruction in a musical instrument, in voice or art, in dancing or in academic or scientific subjects to a single pupil at a time. When conducted in a home in a residential district, a professional office shall be accessory to the principal use, shall be conducted by a member of the family residing on the premises, shall employ or engage not more than one person who is not a member of such resident family, and shall not occupy more than the equivalent of 40% of the ground or first-floor area of the principal building.
- PUBLIC UTILITY INSTALLATIONS
- Pumping stations, enclosures, including fenced areas, and buildings for the housing of switching equipment, regulators, stationary transformers, and other such devices for supplying electric service and telephone exchanges and repeater stations, but not including service, maintenance and storage yards.
- An establishment where customers or patrons are served food or drink for consumption within the confines of the building or structure where the business is conducted, including taverns and other places where alcoholic beverages are served on a commercial basis.
- RESTAURANT, DRIVE-IN
- A restaurant or refreshment stand, commonly called a snack bar, dairy bar, hamburger stand, hot dog stand or fast-food establishment, where customers or patrons are served food, soft drinks, ice cream and similar confections for the immediate consumption at counters, stools or bars outside the confines of the building or structure in which the business is conducted, or for consumption in automobiles parked upon the premises, whether brought to such automobile by the customer or patrons or by waiters or waitresses employed by the operator. The above shall not include refreshment stands at parks, clubs, athletic fields or other similar recreation areas, or the temporary operation of refreshment stands at properly licensed circuses, bazaars and other similar functions.
- SENIOR AGE-RESTRICTED
- A housing unit that is restricted to occupancy by persons that are at least 62 years of age or older.
- SERVICE ORGANIZATION
- Any nonprofit organization or institution which:
- SETBACK LINE
- See "building line."
- An accessory structure not attached to the principal building and utilized for storage, with a maximum floor area of 200 square feet and a maximum height of 12 feet. Only one shed shall be allowed per lot.
- SHOPPING CENTER
- A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.[Added 6-21-2010 by Ord. No. 10-09]
- Any device whatsoever, whether a structure, portion thereof, thing, or material of any kind, whether freestanding or attached to a structure or natural object, whether painted or otherwise represented on such structure or natural object, whether illuminated or not, and used as, or in the nature of, an announcement, advertisement, designation of or direction to the subject to such device, but not including any flag, badge or insignia of any government or governmental agency or of any civic, charitable, religious, fraternal or similar organization.
- SIGN, BUSINESS
- A sign which calls attention to a process, service, profession, business or other activity conducted upon the premises or to a product made or commodity sold on the premises upon which the sign is located.
- SIGN, INFORMATIONAL
- A sign indicating the location of, or designating, an institution or facility of a public or quasi-public nature or indicating the opening of an event of public interest, but not including signs pertaining to real estate.
- SIGN, OUTDOOR ADVERTISING
- A sign which calls to attention a service, business enterprise or similar activity conducted elsewhere than on the same premises upon which the sign is located or to a product or commodity made, sold or offered elsewhere than on the same premises upon which the sign is located, but does not include informational signs as hereinbefore defined nor necessary directional signs in connection with advertising real estate.
- SIGN, REAL ESTATE
- A sign advertising the sale, lease, rental or development of any particular premises wherein such sign is located on the premises or directing attention to the opening and location of a new subdivision or land development project where such sign is not necessarily located on the premises to which it draws attention.
- That portion of a building between the surface of any floor and the surface of the floor, ceiling or other surface above. A basement shall be considered as a story above grade when the finished surface of the floor above the basement is more than six feet above grade plane, more than six feet above the finished ground level for more than 50% of the total building perimeter, or more than 12 feet above the finished ground level at any point; otherwise, it shall be considered a cellar. A mezzanine floor shall be counted as a story if it covers more than 1/3 of the area of the floor next below it or if the vertical distance between the floor next below and the floor next above is 20 feet or more. A single story which exceeds 18 feet in height shall be counted as two stories.
- STORY, HALF
- A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such partial story; provided, however, that no such partial story may be used as a separate dwelling unit.
- A public thoroughfare with a right-of-way of 30 feet or more in width which existed prior to the enactment of this Part 3, or any proposed new thoroughfare, widening, or an extension of an existing street with a right-of-way of 50 feet or more in width shown on any plan approved by the Planning Board. The term "street" shall include "road," "avenue," "drive," "circle," "highway," "place," "lane" or similar terms. A street provides a primary means of access to abutting property.
- STREET LINE
- A line defining the edge of a street right-of-way and separating the street from abutting property or lots. Front lot lines and side street lines, as hereinbefore defined, are street lines.
- Anything constructed or erected on or under the ground or upon another structure or building. For the purposes of interpreting this Part 3, "structure" shall not include sidewalks, driveways, street pavements, curbs and essential services, as hereinbefore defined. "Structure" includes the word "building."
- STRUCTURE, ACCESSORY
- Any structure subordinate to and located upon the same lot with the principal building, the use of which is clearly incidental to that of the principal structure or to the use of land, and which may or may not be attached to the principal building.
- TEMPORARY SIGN
- A sign constructed of paper, cloth, canvas, plastic, plywood,
or other lightweight material intended to be displayed for a short
period of time not to exceed 30 days.[Added 4-6-2015 by Ord. No. 15-06]
- TRAILER COACH PARK; MOBILE OR MANUFACTURED HOME PARK
- Any lot, parcel or tract of land used to accommodate two or more individual trailers for living purposes, including all accessory buildings, tents and other appurtenances, and regardless of whether or not a charge is made for such accommodations.
- TRAILER (including AUTOMOTIVE TRAILER and MOBILE HOME)
- Any vehicle or structure which at any time was mounted on wheels, propelled or drawn by its own or other motive power, and designed and constructed to provide living and/or sleeping quarters for one or more persons or for the conduct of a business, profession, trade or occupation or for use as a selling or advertising device.
- USE, ACCESSORY
- A use of a lot or building, or portion thereof, which is customarily incidental or subordinate to the principal use of the lot or building.
- Includes "arranged, designed, constructed, rented, leased, or intended to be used."
- USE, PRINCIPAL
- The main or primary purpose for which a building or lot is used or occupied. Except as specifically permitted, no lot shall contain more than one principal use.
- A building for the storage and redistribution of commercial or industrial products and materials, but shall not include truck terminals where products or materials are directly transferred between trucks. If direct sales to the public are made from such storage building, it shall be classified as a warehouse outlet.
- WAREHOUSE OUTLET
- A combination of a storage facility for commercial or industrial products and materials and sales to the public. This shall be considered a retail use, except that retail parking requirements shall be applied to the part of the building used by salespersons and for the handling of goods for the customers, and warehouse parking requirements shall be applied to the rest of the space in the building, if any, devoted to storage of goods not for direct public sale.
- A. Any graphic which is painted, attached, glued or otherwise affixed to a window, either inside or outside, or depicted upon a card, paper, or other material and placed on, taped on or hung immediately behind the window or displayed from a window in such a way as to be viewed from the outside, in close proximity to the building in which the window is located. Not more than 25% of any window area may be so occupied. Window graphics may be utilized where wall signs are permitted, provided they conform to area and sign classification limitations for the zoning district.
- B. Permanent window graphics shall not be included in the calculation of the maximum aggregate sign area for the site but shall require a permit to be issued by the Construction Code Official.
[Added 4-6-2015 by Ord. No. 15-06]
- WINDOW SIGN
- A sign, other than a projecting sign, to include design elements
placed inside the window or immediately behind the windowpane or upon
the window pane, and whether attached to the window pane or not, used
to advertise, announce, or identify a person, entity, or product,
or to communicate information of any kind, or to draw attention to
the business or use.[Added 4-6-2015 by Ord. No. 15-06]
- An open area on the same lot with a building or group of buildings, lying between the building or outer building of a group and the nearest lot or street line, and unoccupied and unobstructed from the ground upward, except as provided in this Part 3. All yard dimensions are measured at right angles to the lot lines to the nearest point of a building, except for projections and overhangs as hereinafter set forth.
- YARD, FRONT
- An open area extending across the full lot frontage between the front line (street line) and the nearest line of the building, or any covered or enclosed portion thereof.
- YARD, REAR
- An open area extending across the full width of the lot from side lot line to side lot line and extending from the rear lot line to the nearest line of the building, or any covered or enclosed portion thereof.
- YARD, SIDE
- An open area between the side lot line and the nearest line of the building, or any covered or enclosed portion thereof, extending from the front yard to the rear yard.
- See "district."
- ZONING BOARD
- The Zoning Board of Adjustment of the Township, as established under Chapter 195, Part 1, Administrative Procedures.
- ZONING MAP
- The Zoning District Map of the Township, as set forth in § 195-113, together with all amendments thereto subsequently adopted.
- ZONING OFFICER
- See "Construction Code Official."
- ZONING PERMIT
- A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration or conversion of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this Part 3 or variance therefrom, duly authorized by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-60 or 40:55D-70.
Editor's Note: The original definition of "use permit," which immediately followed this definition, was deleted 1-17-2012 by Ord. No. 12-01.
Editor's Note: The Zoning Map is on file in the Township offices.