A.
For the purpose of the land use and development provisions, certain
phrases and words are defined as herein set forth. In addition, the
following rules of interpretation shall apply:
(1)
Words used in the present tense include the future.
(2)
Words used in the singular number include the plural number and vice
versa.
(3)
The word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used."
(4)
The word "lot" includes the word "plot" and "premises."
(5)
The word "building" includes the words "structure," "dwelling" or
"residence."
(6)
The word "shall" is mandatory and not discretionary.
B.
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term is intended to have the meaning as defined
in N.J.S.A. 40:55D-1 et seq., unless specifically defined to the contrary
in this chapter. Any word or term not defined herein shall be used
with a meaning as defined in Webster's Third New International Dictionary
of the English Language, unabridged, or latest edition.
As used in this chapter, the following terms shall have the
meanings indicated:
Joining at the side, whether or not a street intervenes.
A building, structure or use which is customarily associated
with, is subordinate to and serves a purpose customarily incidental
to the principal building, structure or use and which is located on
the same lot. Examples include, but are not limited to, garages, carports,
kennels, sheds and nonportable swimming pools. Any accessory building
attached to the principal building shall be considered part of the
principal building.
A combination of materials that form an extension to a structure
or an increase in floor area or height of a building structure.
Touching or bounding at a point or line.
Unless a different municipal official is designated by this
chapter to administer certain of the responsibilities and authorities
specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.,
the Secretary of the Riverside Joint Land Use Planning Board shall
be the Administrative Officer, who shall be responsible for the receipt
of applications and other requests to the Board; in issues relating
to a determination of completeness of an application under N.J.S.A.
40:55D-10.3, the Board Engineer shall make the determination of completeness.
Any development, which may be in any housing form, including
detached and attached dwelling units, apartments, and flats, offering
private and semiprivate rooms, that restricts the minimum age of all
residents to be 55 years for one resident of each of 80% of the units,
provided that significant facilities and services for the elderly
are provided. Such age-restricted development shall be deed restricted
controlling for minimum age requirement.
The growing and harvesting of crops or the raising and breeding
of livestock with or without accessory buildings incidental to agricultural
uses, but not processing operations.
A public thoroughfare having a right-of-way width of 20 feet
or less.
Any work done on a site which changes the appearance of the
site including, but not limited to, the following:
All incidental changes or replacement in the nonstructural parts
of a building or other structure.
Minor changes or replacement in the structural parts of a building
or other structure limited to the following examples and other of
similar character or extent:
Alteration of interior partitions to improve livability in nonconforming
residential buildings provided that no additional dwelling units are
created thereby.
Alteration of interior partitions in all other types of buildings
or other structures.
Making windows or doors in exterior walls.
Strengthening the load-bearing capacity in not more than 10%
of the total floor area to permit the accommodation of a specialized
unit of machinery or equipment.
A single room, suite or set of rooms occupied as a dwelling.
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner,
submitting an application or other request for review under this chapter.
The application or appeal forms, and all accompanying documents,
required by this chapter for approval of a subdivision plat, site
plan, conditional use, zoning variance or direction for issuance of
a permit pursuant to N.J.S.A. 40A:55D-34 or N.J.S.A. 40:55D-36.
The Riverside Joint Land Use Planning Board unless a different
agency is designated by ordinance when acting pursuant to the authority
of N.J.S.A. 40:55D-1 et seq.
A device or structure attached to the exterior or erected
on the roof of a building designed to support service equipment or
used in connection therewith.
A coordinated array of supportive personal and health services,
available 24 hours per day, to residents who have been assessed to
need these services, including residents who require formal long-term
care. Assisted living promotes resident self-direction and participation
in decisions that emphasize independence, individuality, privacy,
dignity, and homelike surroundings.
A facility which is licensed by the New Jersey State Department
of Health and Senior Services, in accordance with N.J.A.C. 8:36, to
provide apartment-style housing and congregate dining and to assure
that assisted living services are available when needed, to four or
more adult persons unrelated to the proprietor. Apartment units offer,
at a minimum, one unfurnished room, a private bathroom, a kitchenette,
and a lockable door on the unit entrance. Assisted living residence
shall also include continuing care retirement community, nursing facility,
residential health care facility, and statewide restricted admissions
facility as described and regulated in N.J.A.C. 8:33H-1 et seq.
A building used for the sale of, hire or remuneration from
automotive and other vehicles and equipment. This shall be interpreted
to include automobile accessory salesrooms but not the sale of junked
vehicles and equipment.
Land and building providing for the sale of fuel, lubricants
and automobile accessories and/or for maintenance and minor repairs
for motor vehicles, excluding body repairs and the storage of inoperable
and wrecked vehicles.
Any building or premises or portions thereof used for washing
and cleaning automobiles or other motor vehicles.
An open area, other than a public or private street or way,
used for the display or sale of new and used vehicles, trailers, trucks
or equipment and where no work is done except that which is minor
and incidental, not including body and fender work.
Any premises or establishments used for the repair or servicing
of vehicles, but not including body repairs and automotive wrecking.
A roof-like cover that is temporary or portable in nature
and that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements and is periodically retracted
into or toward the face of the building.
That portion of a building which is partly or completely
below grade.
See "tourist/guesthouse."
A room planned, designated and/or used for sleeping.
The length of a street between two street intersections.
The distance along any street line between the nearest streets
intersecting it.
The land area within a property or site, used to visibly
separate one use from another which may contain vegetation or fencing
to shield or block noise, lights or other nuisances. Buffers shall
be designed as provided for in this chapter.
A combination of materials to form a construction adapted
to a permanent, temporary or continuous occupancy structure and having
a roof.
A detached building is one with no party wall or walls, which
is surrounded by yards or an open area on the same lot.
A semidetached building is one of two buildings with a single
party wall common to both.
An attached building is one with two or more party walls or
one party wall in the case of a building at the end of a group of
attached buildings.
The area of the largest horizontal section of a building
measured to the outer edge of the walls.
The area occupied by all of the buildings on a lot measured
on a horizontal plane around the periphery of the foundation and included
in the area under the roof of any structure supported by columns but
not having any walls, as measured around the outside of the outermost
extremities of the roof above the columns.
That portion of the lot area located inside the setback and
offset lines, available to be used for placement of a building.
The entire area of ground covered by a permittable structure.
Attached garages, decks and porches are part of the building footprint.
The vertical distance measured to the highest point, exclusive
of chimneys and similar features, from the mean elevation of the finished
grade at the foundation along the side(s) of the building facing a
street, or to the street line if the street line is within 10 feet
distance from the foundation. Chimneys, spires, towers, mechanical
penthouses, tanks and similar projections of the buildings not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single, building, the
height of such building shall be calculated from the highest roof.
In all cases where this chapter provides for height limitations by
reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within such footage.
The line established by law, beyond which a building shall
not extend, except as specifically provided by law.
The area occupied by a building or structure, including the
yards and courts required for light and ventilation, and such areas
that are prescribed for access to the street.
See "commercial use."
A roof-like cover that is permanent in nature that projects
from the wall of a building for the purpose of shielding a doorway
or window from the elements, or a freestanding, roof-like cover that
is permanent in nature that shields vehicles, patrons and employees
from the elements.
The addition of a permanent structural improvement or the
restoration of some aspect of a property that will either enhance
the property's overall value or increases its useful life.
The addition and/or acquisition of assets (i.e., land, buildings,
etc.), and/or the fixing of defects or design flaws in existing municipal
owned property, replacing component parts integral to the property,
and/or other improvements to the efficiency, useful life, quality,
capacity or material strength of municipal owned property.
A one-level structure, open on three sides and with a roof,
for the storage or parking of automobiles.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
A line midway between and parallel to the street or road
property lines, or as otherwise defined by the Township Code.
The certificate issued by the Construction Official which
permits the use of a building in accordance with the approved plans
and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts,
together with any special stipulations or conditions of the building
permit.
A change of use is any change in the use, purpose, or level
of activity within any building or land, or portion thereof, that
merits a change in application of the requirements of this chapter.
A building in which persons regularly assemble for religious
worship of the same faith and which is publicly designated as a church,
but shall not include a parsonage, thrift or clothing store, or soup
kitchen/homeless shelter. Accessory uses of a church, customarily
incidental and subordinate to the principal use of a building as a
church, includes day-care facilities, kindergartens, family exercise
or sport facilities, cemeteries, mausoleums, and columbariums.
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 shipment points.
A building to house a club or social organization not conducted
for profit and which is not adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A use that involves the sale of goods or services carried
out for profit.
An application form, completed as specified by this chapter
and the rules and regulations for all accompanying documents required
by the Joint Land Use Planning Board pursuant to this chapter for
approval of the application for development, including, where applicable,
but not limited to, a site plan, provided that the Board may require
such additional information not specified in such chapter, or any
revisions in the accompanying documents, as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the Board. An application shall be certified as complete immediately
upon the meeting of all requirements specified in the chapter and
in the rules and regulations of the Board and shall be deemed complete
as of the day it is so certified by the Land Use Board's engineer
for the commencement of the time period for action by the Board.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning provisions of this chapter, and upon the
issuance of an authorization thereof by the Planning Board.
See "dwelling."
See "lot, corner."
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the foundation and including the area under any roof
extending more than two feet beyond the foundation.
The square footage of all areas of a lot that are covered
by impervious surfaces, including buildings, parking areas, driveways,
walkways and any other area of concrete, asphalt or similar material
that does not allow natural runoff to percolate into the ground.
Any facility outside of the caregiver's home that is maintained
for the care, development or supervision of six or more children or
elderly persons who attend the facility for less than 24 hours a day.
A raised platform structure without a permanent roof that
is attached to the dwelling unit.
The razing of any structure or the obliteration of any natural
feature.
A number expressing dwelling units per gross land area.
The legal or beneficial owner or owners of a lot or of any
land to be part of a proposed development, including the holder of
an option or contract to purchase or other person having an enforceable
property interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or any
other use of land or extension of use of land, for which permission
may be required.
Also called a "satellite" dish antenna, is a dish-shaped,
usually concave parabolic reflector, used to transmit or receive radio
and TV signals, as from orbiting satellites.
The Township of Riverside's business district located within
the Township's historic downtown having certain distinctive characteristics
with regard to the design and controlled use of the thoroughfares
and sidewalks upon which the commercial property and places of business
are situated.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:16A-1 et seq.
Any establishment, building or structure where service is
provided to the customer from an automobile service window with access
provided by a drive through lane incorporated into the site design.
A room, or series of connected rooms, designed for permanent
residency containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling unit shall be self-contained
and shall not require passage through another dwelling unit or other
indirect route(s) to get to any other portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
APARTMENT BUILDING/MULTIFAMILY DWELLING STRUCTUREA residential dwelling structure that contains three or more dwelling units.
BOARDINGHOUSEAny building, or portion thereof, containing one or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, and as otherwise defined in N.J.S.A. 55:13B-1 et seq. "Financial services" means any assistance permitted or required by the Commissioner to be furnished by an owner or operator to a resident in the management of personal financial matters, including, but not limited to, the cashing of checks, holding of personal funds for safekeeping in any manner or assistance in the purchase of goods or services with a resident's personal funds.
CONDOMINIUMThe 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.
ROW HOUSE DWELLING UNITA single-family dwelling attached to two or more single-family dwellings by common vertical walls.
SINGLE-FAMILY DETACHED DWELLING UNITA freestanding single-family dwelling that does not share a common vertical wall with any other dwelling unit on an adjoining zoning lot and where all sides of the structure are surrounded by yards or open areas within the zoning lot on which the unit is located.
SINGLE-FAMILY SEMI-DETACHED DWELLING UNITA single-family dwelling attached to one other single-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
TOWNHOUSE DWELLINGA dwelling unit located in a building that has not less than three or more than eight one-family dwelling units attached in a row as a single building on a common lot or adjoining lots, each dwelling being separated from the adjoining unit by a common party wall, thus, creating distinct and noncommunicating dwelling units with their own front and rear access to the outside and without any dwelling unit located over another dwelling unit. Such separate townhouse dwelling units are intended for owner occupancy.
TWO-FAMILY DWELLING STRUCTUREA structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor, except for a common stairwell exterior to both dwelling units.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the municipality, the public, a
corporation or particular persons for specific uses.
A person living alone or any one of the following groups
living together:
Any number of people related by blood, marriage, civil union,
adoption, guardianship, or other duly authorized custodial relationship;
and
One unrelated person per bedroom plus one additional unrelated
person, not to exceed four persons. For persons who are unrelated
and for purposes of this definition, a studio or efficiency dwelling
unit shall be considered a one-bedroom dwelling unit. Therefore a
studio, efficiency, or one-bedroom unit may have a maximum of two
occupants, a two-bedroom unit may have a maximum of three occupants,
and a three-bedroom unit may have a maximum four occupants.
The term "family" shall not refer to:
A community residence for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries,
and adult family care homes for elderly persons and physically disabled
adults as defined and regulated by the State of New Jersey.
Any society, club, fraternity, sorority, association, lodge
or like organization.
Any group of individuals whose association is temporary (less
than 60 days) or seasonal in nature.
Any group of individuals who are in a group living arrangement
as a result of criminal offenses.
The private residence of a family day-care provider that
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, P.L. 1987, c.27 (N.J.S.A. 30:5B-16
et seq.).
Any artificially constructed barrier of wood, plastic or metal or any combination thereof or any other manufactured material or combination of materials, erected for the enclosure of land and/or dividing one piece of land from another. Fences shall meet the requirements as set forth in § 255-153.
The official action of the Joint Land Use Planning Board
taken on a preliminarily approved plat, after all requirements, conditions,
engineering plans, etc., have been completed and the required improvements
have been installed or performance guaranties properly posted for
their completion. A plat that receives such final approval must have
been prepared by a licensed land surveyor in compliance with all provisions
of Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.) and
is the map which must be filed with the County Clerk within 95 days
after the signing of the plan in order to make the approval binding.
For good cause, the Joint Land Use Planning Board may extend the period
for recording the map not to exceed an additional 190-day period from
the date of signing the plat.
The relatively flat area adjoining a water channel which
has been or may be covered by floodwaters of the channel, including
the following components:
FLOOD FRINGE AREAThat portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREALand in the floodplain subject to a 1% or greater chance of flood in any given year.
FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
FLOODPLAIN DESIGNATIONThe official Riverside Township Floodplain Map, dated 1979, available in the Township Clerk's office, and which may be amended from time-to-time, designating blocks and lots which have been or may be covered by floodwaters.
The ratio of the gross floor area of a structure to the area
of its zoning lot or tract.
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section measured from
the exterior face of exterior walls or from the center line of a wall
separating buildings. Attics and basements which satisfy applicable
construction definitions of habitable space are included in the GFA
for residential uses.
The total of all floor areas of a building dedicated to the
inhabitance by a resident and/or residents, including finished and
heated areas fully enclosed by the inside surfaces of walls, windows,
doors and partitions and having a headroom of at least seven feet,
floor space of at least 70 square feet per sleeping space, and including
working, living, eating, cooking, sleeping, stair, hall, service and
storage areas, but excluding garages, carports, parking spaces, half-stories,
unfinished attics and basements and common hallways and entrances.
A building, structure or any portion thereof used for parking,
storing motor vehicles and/or storage.
PRIVATE CUSTOMER AND EMPLOYEE GARAGEA garage that is accessory to a nonretail commercial or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by customers, visitors, and employees of such building and that is not available to the general public.
PRIVATE RESIDENTIAL GARAGEA structure that is accessory to a residential building and that is used for the parking, storage of vehicles and/or storage owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public.
PUBLIC GARAGEA structure, or portion thereof, other than a private customer and employees garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GARAGE, SERVICE/REPAIRA garage conducted as a business in which provision is made for the care, or repair of motor vehicles. A repair garage shall include auto body and fender work and engine dismantling, and is not limited to minor repairs or engine tune-ups.
The gross area within the lot lines of a parcel of land,
including any environmentally sensitive areas such as wetlands, and
excluding any public rights-of-way.
Hospitals, clinics, health maintenance organizations (HMO's)
and other public or private institutions, offices or facilities principally
engaged in providing services for health maintenance, counseling,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition. Excluded from this definition are nursing homes,
animal research facilities, drug or alcoholic rehabilitation centers,
and the joint offices of physicians numbering five physicians or fewer.
In general, an industry which is capital- and/or labor-intensive,
such as automobile, industrial machinery, steel, rubber, mining or
petroleum.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation, and has been so designated by local,
state or national authorities.
An occupation carried out in a dwelling unit by the resident
thereof, provided that the use is limited in extent and incidental
and secondary to the use of the dwelling unit for residential purposes
and does not change the character thereof and which is consistent
with this chapter.
An incorporated or unincorporated entity responsible for
operating under a recorded land agreement through which:
Each lot or dwelling unit owner shall be a member;
The owner of each lot or dwelling unit is subject to a charge
for a proportionate share of the association's expenses for activities
and maintenance, including maintenance costs levied against the association
by Riverside Township;
Each owner and tenant has certain rights and ownership in the
common property.
A commercial establishment providing temporary lodging accommodations
containing 10 or more rooms with at least 75% of all rooms accessed
by passing through the main lobby of the building, and which may contain
additional services such as restaurants, meeting rooms and recreation
facilities.
A facility licensed by the State of New Jersey for operation
as a skilled nursing facility.
Any material that prevents percolation of natural stormwater
runoff into the ground.
The sum of the area of coverage or footprint of all buildings,
structures, paved areas, patios and other improved surfaces on a lot
preventing natural runoff from percolating into the ground, measured
in square feet. Areas paved with gravel, crushed stone and other pervious
materials as well as open wood decks with spacing between floorboards
shall not be considered impervious. Calculation of total impervious
surface area on a site shall be based upon gross lot area, not the
net developable area on a site.
In general, the production of goods and services for direct
consumption by the consumer, and otherwise, industrial uses in conformance
with the applicable performance standards of this chapter. Products
made by an light industry tend to be targeted toward end consumers
rather than other businesses. Consumer electronics and clothing manufacturing
are examples of light industry.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
The area contained within the lot lines of a lot, not including
any portion of the right-of-way.
See "coverage, lot."
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The horizontal distance between the side lot lines measured
along the street line. The minimum lot frontage shall be the same
as the lot width. In the case of a corner lot, either street frontage
which meets the required frontage for that zone may be considered
the lot frontage.
A line of record, as shown or described on a plat or deed,
bounding a lot that divides one lot from another or from a public
or private street or any other public space.
The lot line separating a lot from a right-of-way.
The lot line opposite and most distant from the front lot
line, running parallel to the front lot line.
Any lot line other than a front or rear lot line.
The straight and horizontal distance between the side lot
lines at setback points on each side lot line measured an equal distance
from the right-of-way. The minimum lot width shall be measured at
the minimum required building setback line. When side lot lines are
not parallel, the minimum lot width at the setback line shall not
be less than 75% of the minimum lot frontage for the zoning district
in which the lot is located.
A lot abutting two or more intersecting streets where the
interior angle of the intersection does not exceed 135°. Each
corner lot shall have two front yards and two side yards.
A lot other than a corner lot.
A lot whose side lot lines do not abut a street, has frontage
on two streets or one street and an alley.
Any parcel of land separated from other parcels or options
as by a subdivision plat or recorded deed, survey map or by metes
and bounds, except that for purposes of this chapter, contiguous undersized
lots under one ownership shall be considered one lot, and further
that no portion of an existing public street shall be included in
calculating a lot boundary or lot area.
Any security, other than cash, which may be accepted by the
Township of Riverside for the maintenance of any improvements required
by this chapter.
A site plan that does not meet the definition of a minor
site plan.
Any subdivision not classified as a minor subdivision.
A roof-like structure that is permanent that projects from
a wall of a building for the purpose of shielding a doorway or entrance
from the elements.
A long-term planning document establishing the framework
and key elements for the development of the Township of Riverside
and reflects a clear vision of the Township's goals and aspirations
being duly adopted by the Joint Land Use Planning Board as set forth
in N.J.S.A. 40:55D-28.
A development plan of one or more lots, not exempted from
site plan review elsewhere in this chapter, that involves:
The construction of any permitted accessory use(s); or
The expansion of, or addition to, an existing structure or use
that does not account for more than 5% additional building coverage,
does not exceed more than 1,500 square feet of enclosed and roofed
area, and does not involve any grading, clearing or disturbance of
an area of more than 5,000 square feet, provided that such development
plan does not involve planned development, the installation of any
road improvements, or the extension of any off-tract improvement.
A subdivision of land for the creation of not more than three
lots (two new lots and the remaining parcel) that does not involve:
Planned development;
The installation of any road improvements or the extension of
any Township facilities;
The extension of any off-tract improvement;
The further division of an original tract of land for which
previous minor subdivision(s) have been approved by the Township during
the current calendar year and the preceding four calendar years and
where the combination of the proposed and previously approved minor
subdivision(s) would result in the creation of more than three lots
(two new lots and the remaining parcel); and which
Does not adversely affect the future development of the remainder
of the parcel or adjoining property;
Occupancy of a building or land for more than one use.
A commercial establishment providing transient lodging accommodations
containing 10 or more rooms with at least 75% of all rooms having
direct access to the outside without the necessity of passing through
the main lobby of the building.
An area of land, including any structures thereon, used for
the retail sale of gasoline, oil or other fuel for the propulsion
of motor vehicles and incidental services, including facilities for
lubrication, hand washing and the furnishing of minor motor vehicle
accessories and repairs, but excluding an automobile car wash or repair
garage.
A building consisting of more than two stories, not including
a basement.
An establishment dispensing liquor and meals in which music,
dancing, or entertainment is conducted, excluding adult entertainment.
A building or structure, the size, dimensions, or location
of which was lawful prior to the adoption, revision, or amendment
to this chapter but that fails by reason of such adoption, revision,
or amendment to conform to the present requirements of this chapter.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning provisions
of this chapter but fails to conform to the requirements of the district
in which it is located by reason of such adoption, revision or amendment.
Any sign lawfully existing on the effective date of this
chapter, or amendment thereto that renders such sign nonconforming
because it does not conform to all the standards and regulations of
this chapter.
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 means of such adoption, revision or amendments.
A public or private institution or facility principally engaged
in providing full-time convalescent or chronic care to individuals
who, by reason of advanced age, chronic illness or infirmity, are
unable to care for themselves.
See "nursing facility."
The definition of obscene materials set forth in P.L. 1978,
c. 95, as amended by P.L. 1982, c.211, Section 1 (effective December
23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to
time amended or supplemented, as well as in accordance with and not
more strictly than judicial interpretations thereof pursuant to the
Constitutions of the United States and of the State of New Jersey
finally concluded in courts of jurisdiction sufficient to render decisions
on constitutional questions of general application.
Located outside the lot lines of the property in question
but within the property of which the lot is a part, which is the subject
of a development application, or on a contiguous portion of the street
right-of-way or drainage or utility easement.
Not located on the property which is the subject of a development
application, or a contiguous portion of a street right-of-way or drainage
or utility easement.
Located on the lot that is the subject of an application
for development.
Any parcel or area of land or water essentially undeveloped
or unimproved and set aside, designated or reserved for public or
private use or enjoyment, provided that such areas are improved with
only those buildings, structures, streets and off-street parking and
other improvements that are designed to be incidental to the natural
or landscaped area.
Any outdoor area or space conducted as a business, or rented
or ancillary to any institution, business or residential use, where
more than three motor vehicles may be parked or stored, excluding
used car lots.
An area either within a structure or in the open for the
parking of motor vehicles. The area of a parking space is intended
to be of sufficient area to accommodate the exterior extremities of
the vehicle, whether, in addition thereto, wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. The width and length of each space shall be measured
perpendicular to each other and shall be as required by the provisions
of this chapter, regardless of the angle of the parking space to the
access aisle or driveway.
An area that is level and surfaced with pavement including,
but not limited to, stone, gravel, bricks, concrete, bituminous concrete,
pavers, etc., and is directly adjacent to a principal building. Patios
may be constructed at grade or above grade in a terraced fashion with
or without walls.
A performance bond, letter of credit, acceptable escrow agreement
or other similar guarantee or surety agreement approved in substance
and in form by the Township Solicitor and the governing body, including
cash in an amount not to exceed 10% of the total performance guarantee.
The amount of the performance guarantee shall not exceed 120% of the
cost of installation of improvements deemed necessary or appropriate
for the development, including any required off-site and off-tract
improvements.
Standards adopted by ordinance regulating noise level, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic materials, 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 municipality or required by applicable federal or
state laws or municipal ordinances.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district as set forth in this chapter.
The sum of the gross lot area, which allows natural runoff
to percolate into the ground, measured in square feet. Areas paved
with gravel, crushed stone, or other pervious materials shall be considered
pervious.
A church, synagogue, temple, mosque, or other facility that
is used for prayer and worship.
Any real property, whether contiguous or not, which consists
of, or will consist of, separately owned areas, irrespective of form,
be it lots, parcels, units or interests, and which are offered or
disposed of pursuant to a common promotional plan, and providing for
common or shared elements or interests in real property. This definition
shall include, but not be limited to, planned unit development and
planned unit residential development, as defined in the Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-6).
A map or maps of a subdivision or site plan.
Generally, used for holding fish as part of a landscape and
are no larger than 23 feet to 25 feet long by 12 feet to 13 feet wide
and three feet to four feet deep (7,300 gallons), contain no more
than 20 fish and, if deeper than two inches of water, the pond must
be covered by pond netting to prevent a hazard or the property where
the pond is located must be surrounded by a four-foot fence. Any lighting
must be subdued.
HOT TUBAny artificially constructed watertight structure of approved materials having a maximum depth of 48 inches used in conjunction with high velocity water recirculation systems. Mineral or non-mineral water is used and is not emptied after each use. Water temperature is hot, cold or ambient.
SWIMMING/PRIVATEAny artificially constructed watertight structure of approved materials, above- or in-ground, whether permanently installed, portable, collapsible or otherwise, having either an inside structural depth in excess of 18 inches measured from the bottom of the enclosure, or in excess of 24 inches above the surface, or having a surface area in excess of 120 square feet, or a capacity in excess of 1,400 gallons, constructed or maintained on any lot, as an accessory use, by any person for the use of themselves, or any member of their household, and guests. The term includes all buildings, structures, equipment and appurtenances thereto, subject to all requirements of this chapter.
SWIMMING/PUBLICAny artificially constructed watertight structure of approved materials which is intended to be used for swimming or bathing and is operated by a concessionaire, owner, lessee, operator, or licensee, regardless of whether a fee is charged for use. Nothing in this definition shall be construed as applying to any pool, constructed at a one- or two-family dwelling, and maintained by an individual for the sole use of the household and house guests.
WADINGAny artificially constructed watertight structure of approved materials that has a maximum depth of 24 inches.
A roofed open structure projecting from the front, side or
rear wall of a building and having no enclosed features or glass,
wood or other material more than 30 inches above the floor thereof,
except the necessary columns to support the roof.
The official action taken on a preliminary plat, which determines
whether or not the map submitted is in proper form and meets the established
standards adopted for design layout and development of the subdivision
or site plans.
A building or structure which is the primary use of the lot
on which it is located.
The primary or predominant use of any lot or parcel.
The office of a physician, dentist, psychologist, lawyer,
engineer accountant, architect, land surveyor or other persons providing
professional services.
A use that is not permitted in a zoning district.
The portion of any lot, parcel, tract or combination thereof
that encompasses all phases of a proposed development.
The land reserved or 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 waters to
safeguard the public against flood damage, sedimentation and erosion.
The use of land or buildings by the governing body of the
Township or any officially created authority or agency thereof.
A map designed to show all utility easements, sanitary sewers,
storm drains, open drainage channels, water and gas mains, telephone
and electric service trunk lines and railroads and which conforms
to the specifications as outlined in this chapter.
A use owned or operated by a nonprofit, religious, or charitable
institution and providing educational, cultural, recreational, religious,
or similar types of programs.
A majority of the full-authorized membership of the Joint
Land Use Planning Board.
Public-owned lands used for leisure-time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites, or fields, or leisure-time
activities that involve relatively inactive or less energetic activities,
such as walking, sitting, picnicking, card games, and table games.
Boats, campers, trailers and related vehicles used for recreational
purposes, other than automobiles.
Any space, whether inside or outside a building, used for:
An area that the Township has determined is in need of redevelopment,
as defined by state statute (N.J.S.A. 40A:12A-7).
A plan for revitalization of a designated area of the Township
that outlines the boundaries of the area and provides a land use plan
and a proposal for redevelopment, including land acquisition and redeveloper's
obligation(s). Land use regulations and the land use plan outlined
in a redevelopment plan supersede the regulations of the underlying
zoning district within which the redevelopment area is located, unless
otherwise incorporated within the Township Zoning Code as a special
district.
An undertaking, by means of extensive repair, reconstruction
or renovation of existing structures, with or without the introduction
of new construction or the enlargement of existing structures, in
any area that has been determined to be in need of rehabilitation
or redevelopment, to eliminate substandard structural or housing conditions
and arrest the deterioration of that area.
An area determined by the Township of Riverside to be in
need of rehabilitation, pursuant to Section 14 of P.L. 1992, c. 79
(N.J.S.A. 40A:12A-14).
Any facility established for the purpose of treating and/or
counseling persons suffering from addictions to alcohol and/or drugs.
Any facility established for the purpose of the physical
restoration of a sick or disabled person by therapeutic measures and
reeducation to participation in the activities of a normal life within
the limitations of the person's physical disability. This definition
for purposes of this chapter does not include rehabilitation for drug
and/or alcohol addictions.
Places of assembly owned or maintained by an organized religious
organization for the purpose of regular gatherings for worship services
including churches, mosques, synagogues, temples, shrines, meetinghouses
and pagodas. Schools, day-care facilities, food pantries, soup kitchens,
homeless shelters or other uses designed to serve social welfare needs
are excluded as primary uses.
Any work done which is not an alteration to an existing structure
or the construction of a new building or structure.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building. An
outdoor eating area supplemental and ancillary to the indoor eating
and cooking facility may permitted, provided the outdoor eating area
receives site plan approval. Cafes, coffeehouses and cyber cafes,
which provide internet access, are restaurants. However, a snack bar
or refreshment stand at a public or community swimming pool, playground,
playing field or park operated solely by the agency or group operating
the recreational facility and for the convenience of patrons of the
facility shall not be deemed a restaurant.
The further division of a lot or the adjustment of a lot
line or lot lines.
A business selling tangible commodities, such as department
stores, variety stores, apparel and accessory sales, furniture, appliance
and antique stores where all sales are under one roof.
Publicly dedicated land, including alley, street, curb and
sidewalk.
A public or private nonprofit organization providing regular
instruction for a normal school year, but not a school or college
giving special or limited instruction, such as business, art, beauty,
music, dancing or nursery school.
A person or corporation engaged in the instruction of children
or adults for personal profit and not as an integral part of the public
school system, of a college or similar institution of higher learning
or of an established religious or charitable organization; a business
use.
See "motor vehicle service station."
A line drawn parallel with a street line or lot line that
indicates the minimum distance allowed between a building and the
front, rear and side lot lines on a zoning lot.
A commercial establishment, as described in the provisions
of N.J.S.A. 2C:33-12.2 and N.J.S.A. 34-6, which:
As one of its principal business purposes offers for sale, rental,
or display any of the following: books, magazines, periodicals or
other printed material, or photographs, films, motion pictures, video
cassettes, slides or other visual representations which depict or
describe a specified sexual activity or specified anatomical area;
or still or motion-picture machines, projectors or other image-producing
devices which show images to one person per machine at any one time,
and whether the images so displayed are characterized by the depiction
of a specified sexual activity or specified anatomical area; or instruments,
devices, or paraphernalia which are designed for use in connection
with a specified sexual activity; or
Regularly features live performances characterized by the exposure
of a specified anatomical area or by a specified sexual activity,
or which regularly shows films, motion pictures, video cassettes,
slides, or other photographic representations which depict or describe
a specified sexual activity or specified anatomical area. Sexual activity
includes, but is not limited to, human masturbation, sexual intercourse
or any touching of the genitals, pubic areas or buttocks of the human
male or female or the breasts of the female, whether among or between
members of the same or opposite sex or between humans and animals
in an act of apparent sexual stimulation or gratification.
A simple roofed structure, typically made of wood or metal,
used as a storage space.
A triangular shaped portion of land established at street
intersections and driveway intersections in which nothing is permitted
to be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct the sight distance of motorists entering or
leaving the intersection or driveway.
See definitions contained in § 255-157.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including,
but not limited to, topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices.
Any other information that may be reasonably required in order
to make a determination concerning the adequacy of the plan in accordance
with the requirements of this chapter.
The examination of the specific development plan for a lot
or tract of land. Whenever the term "site plan approval" is used in
this chapter, it shall be understood to mean a requirement that the
site plan be reviewed and approved by the Riverside Township Joint
Land Use Planning Board.
Individual lot applications for detached one- or two-dwelling
unit buildings in conformance with district regulations, and additions
under 1,000 square feet to existing buildings of a permitted use in
a given district which complies with applicable district regulations.
All site plans not defined as minor or exempt plans. See
also "major site plan."
See "minor site plan."
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is not a floor above it, then the surface between the floor and the
ceiling next above it and including those basements used for primary
use. For the purpose of this chapter, the interior of the roof shall
not be considered a ceiling.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite walls are not more than two
feet or less than one foot above the finished floor of such story.
Any road (other than a private road), highway, street, avenue,
boulevard, parkway, alley, viaduct, drive or other way:
Which is an existing state, county or municipal roadway;
Which is shown upon a plat heretofore approved pursuant to law;
Which is approved by official action as provided by this chapter;
Which is shown on a plat duly filed and recorded in the office
of the county recording officer and includes the land between the
street lines, whether improved or unimproved, pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines;
A thoroughfare publicly or privately owned, open to general
public use and having a right-of-way width greater than 20 feet.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Township
Master Plan or Official Map, forming the dividing line between the
street and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on or in the ground, including buildings, fences, masonry walls, tennis
courts, tanks, signs, advertising devices, man-made ponds and in-ground
swimming pools.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the
meaning of this chapter if no new streets are created:
Divisions of property by testamentary or intestate provisions
provided that the division is in conformity with the applicable ordinance
requirements.
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and found and certified
by the administrative officer to conform to all requirements of the
municipal development regulations and which are shown and designated
as separate lots, tracts or parcels on the Tax Map of the Township
of Riverside.
The term "subdivision" shall also include the term "resubdivision."
The examination of the specific plat for a lot or tract for
subdivision of land. Whenever the term "subdivision approval" is used
within this chapter, it shall be understood to mean a requirement
that the subdivision plat be reviewed and approved by the Riverside
Joint Land Use Planning Board in conjunction with a use variance.
Any division of land not classified as a minor subdivision.
See "minor subdivision."
A building or part of a building devoted to the showing of
motion pictures or for dramatic, dance, musical, or other live performances,
excluding sexually oriented businesses.
A map that shows contours, existing buildings and other structures,
watercourses, wooded areas and locations of test pits or borings and
conforms to the specifications as outlined in this chapter.
A building occupied by a resident family and arranged or
used for additional temporary lodging, with or without meals, for
compensation, and containing up to 10 guest rooms.
An area, parcel, site, piece of land, or property that is
the subject of a development application.
A comprehensive and professional study which analyzes existing
and future traffic volumes and levels of service for off-tract intersections
and roadways which may be impacted by a proposed development, and
includes recommendations for traffic improvement strategies.
A vehicle, with or without its own motive power, equipped
or used for living purposes and mounted on wheels, or designed to
be so mounted and transported.
The services provided to a use, including but not limited
to sewage collection, water supply, gas, electric and telephone.
A departure from the terms of this chapter authorized by
the Joint Land Use Planning Board in accordance with N.J.S.A. 40:55D-40b,
40:55D-70c and 40:55D-70d.
VARIANCE, BULK ("C" VARIANCE)A deviation from zoning district standards pertaining to yard setbacks, height (below a 10% excess of permitted height), building massing, or other bulk provisions and parking restrictions.
VARIANCE, USE ("D VARIANCE)A deviation from zoning district standards pertaining to permitted uses, conditionally permitted uses, floor area ratio, permitted density, or height (in excess of 10% above permitted height) provisions.
Permission to depart from the literal requirements of the
site plan and subdivision standards of this chapter.
An open space that lies between the principal building or
buildings and the nearest lot line.
FRONT YARDThe space between the building line or front main wall of a building, excluding steps and open porches not exceeding eight feet and overhanging eaves, cornices and similar fixtures, and the front property line.
REAR YARDAn open space on the same lot with a building between the rear wall of the building and the rear line of the lot, and unoccupied except for accessory buildings, decks and open porches which, in the aggregate, shall not occupy more than 50% of the rear yard area.
SIDE YARDAn open, unobstructed space on the same lot with a building between the building and the side line of the lot, and extending through from the front or the rear yard, into which space there is no extension of building parts, other than eaves with an overhang of not more than one foot, rainwater leaders, window sills and other such fixtures, open steps for a distance not exceeding four feet and bay windows not more than 12 feet wide, at one floor level only, and for a distance not exceeding two feet.
A specifically delineated area or district within the Township
in which uniform regulations and requirements govern the use, placement,
spacing and size of land and buildings.
An official Township map that is a part of the Township's
land development ordinances that delineates the boundaries of zoning
districts.
The officer designated by the Township of Riverside Committee
to administer this chapter and issue zoning permits.
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, conversion
or installation of a structure or building; and which acknowledges
that such use, structure or building complies with the zoning provisions
of this chapter.
