A.Â
ACCESSORY USE OR BUILDING
ADULT BUSINESS
ALTERATION
ANIMAL HOSPITAL
APPLICANT
BUFFER ZONE
BUILDING
BUILDING HEIGHT
BUILDING INSPECTOR
BUILDING LINE
COMMON OPEN SPACE
CONDITIONAL USE
DAYS
DEVELOPER
DEVELOPMENT
DRAINAGE
DUPLEX
DWELLING
DWELLING HOUSE
DWELLING, MULTIFAMILY
DWELLING UNIT
ENVIRONMENTAL COMMISSION
FAMILY
GARDEN APARTMENT
GOVERNING BODY
HIGH-RISE APARTMENT
HOME OCCUPATION
HOTEL
JOINT LAND USE BOARD
JUNK
JUNK SHOP
(1)Â
(2)Â
JUNKYARD
LAND
LOADING AREA
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT WIDTH
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFF-SITE
OFF-TRACT
OPEN SPACE
PARKING AREA OR LOT
PARKING SPACE
PATIO HOUSE (ZERO LOT LINE)
PRINCIPAL BUILDING
PROFESSIONAL OFFICE
RESIDENTIAL DENSITY
RESIDENTIAL TRASH
SHOPPING CENTER
SINGLE-FAMILY DETACHED DWELLING
STANDARDS OF PERFORMANCE
STORAGE
(1)Â
(2)Â
STORY
STREET
STRUCTURE
TOWNHOUSE or ROW HOUSE
TRAILER CAMP or TRAILER PARK
TRAILER, TRAILER COACH or CAMP CAR
TWO-STORY STRUCTURE
USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions of terms. As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use or building, the purpose of which is customarily
incidental to that of the main use or building and which is located
on the same lot as the main use or building.[1]
An establishment which deals primarily with the sale or display
of literature, sexual aids, films, exhibitions or live performance
of nude, or so scantly covered as to appear to be nude, human beings,
human genitals or female breasts.
[Added 3-13-1996 by Ord. No. 992]
As applied to a building or a structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extension of a side or by increasing
in height, or the moving from one location or position to another.
Any building or portion thereof designed or used for the
care, observation or treatment of domestic animals.
A developer submitting an application for development.
That zone as prescribed by the Joint Land Use Board of the
Borough of Lindenwold which shall separate a residential district
from a commercial or industrial district by the planting of trees
or shrubbery to such a height and density as to restrict a clear view
beyond said zone.
[Amended 12-12-2012 by Ord. No. 1331]
A structure designed, built or occupied as a sheltered or
roofed enclosure for persons, animals or property, including tents,
lunch wagons, dining cars, camp cars, trailers and other roofed structures.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof,
to the deckline of a mansard roof, and to the average height between
the plate and ridge of a gable, hip or gambrel roof.
The Building Inspector of the Borough of Lindenwold.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
section of a building, the vertical plane will coincide with the most
projected surface. All yard requirements are measured to the building
line.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
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 this chapter and upon the issuance of an authorization
therefor by the Joint Land Use Board.
[Amended 12-12-2012 by Ord. No. 1331]
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
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 of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.[2]
Two dwelling units, each on separate lots and sharing a common
wall.
A building designed or used as the living quarters for one
or more families.
A detached house designed for and occupied exclusively as
the residence of a single family living as an independent housekeeping
unit.
A dwelling or group of dwellings on one plot containing separate
living units for two or more families, but which may have joint services
or facilities for both.
One or more rooms providing complete living facilities for
one family, including equipment for cooking or provisions for the
same, and including room or rooms for living, sleeping and eating.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
A single individual doing his own cooking and living upon
a premises as a separate housekeeping unit, or a collective body of
persons doing their own cooking and living together upon a premises
as a separate housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel.
A building of no more than three stories containing at least
three dwelling units, in which one dwelling unit may be located over
another unit, access to such units being via a common entrance, and
utilities may be shared.
The Mayor and members of the Borough Council of the Borough
of Lindenwold.
A multifamily dwelling having not fewer than six stories
above the average elevation of the finished lot grade at the front
of the building.
An activity for economic gain carried out in a residential
dwelling or accessory structure thereto, in which an owner of residence
and no more than one additional employee is employed, which activity
is clearly secondary to the use of the residence as a dwelling and
meets the requirements specified in each zone where home occupations
are permitted, subject to certain conditions and requirements.
[Amended 10-14-2009 by Ord. No. 1267; 2-6-2013 by Ord. No. 1334]
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
The Joint Land Use Board of the Borough of Lindenwold.
[Amended 12-12-2012 by Ord. No. 1331]
Any worn-out, castoff or discarded article or material which
is ready for destruction or has been collected or stored for salvage
or conversion to some use. Any article or material which, unaltered
or unchanged and without further reconditioning, can be used for its
original purpose as readily as when new shall not be considered junk.
[Amended 3-11-2009 by Ord. No. 1249]
Any place of business conducted or maintained for the purpose
of buying, selling and storing, or any of them, of old junk, ropes,
iron, brass, copper, tin, lead, rubber in various forms, old papers,
bottles or any other material or materials, old unregistered automobiles
or trucks or other motor or mobile vehicles and other abandoned and
unusable vehicles and such other miscellaneous assortment of articles
and materials as are commonly classified and designated as "junk."
The loading, unloading, sorting or storing of any materials
brought to a residence from another site is strictly prohibited and
subject to a court summons.
Any place where any of the articles or items, or a combination
thereof, referred to under the definition of "junk shop" are stored,
kept or maintained, whether for sale or not, and shall be in a lot,
place, building, structure or yard, whether improved or unimproved,
where such articles or any of them are permitted to accumulate.
Includes improvements and fixtures on, above or below the
surface.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
and which abuts upon a street, alley or other appropriate means of
access.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
An area of land which is determined by the limits of the
lot line bounding the area and is always expressed in terms of square
feet.
A parcel of land at the junction of and abutting on two or
more intersecting streets where the interior angle of intersection
does not exceed 150°.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
The mean horizontal distance between the side lot lines measured
at right angles to its depth. In no case shall the lot width be less
than the frontage as required by this chapter. Frontage shall be measured
at the most forward allowable building line or setback line. The width
at the front property line shall be at least 2/3 of the required width
of the setback line.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter but which
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it is located by
reason of such adoption, revision or amendment.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any space utilized for the parking of motor vehicles, including
both the parking spaces and the driveways, aisles, turnaround, loading
areas and open space used to provide access to parking spaces or to
control traffic within a parking lot, except the access drive connecting
a parking lot and a public right-of-way and within which no parking
maneuver could occur.
An off-street space available for the parking of a motor
vehicle and which in this chapter is held to be nine feet wide and
18 feet long, exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
[Amended 12-12-2001 by Ord. No. 1104]
One freestanding dwelling unit on a separate lot with open
space on three sides.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
The office of a member of a recognized profession, as hereinafter
indicated, when conducted on a residential property and which shall
be conducted by a member or members of the residential family entirely
within a residential building and shall include only the office of
doctors, ministers, architects, professional engineers, lawyers and
such similar professional occupations as may be so designated by the
Joint Land Use Board upon finding by such Board that such occupation
is truly professional in character by virtue of the need for similar
training and experience as a condition for the practice thereof and
that the practice of such occupation shall in no way adversely affect
the safe and comfortable enjoyment of property rights in any zone
in which it is located to a greater extent than the professional activities
listed herein. The issuance of a state or local license for regulation
of any gainful occupation need not be deemed indicative of professional
standing.
[Amended 12-12-2012 by Ord. No. 1331]
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
The act of putting materials, such as brush, metals, cabinets,
shelving, wood, old appliances, old furniture, junk or any debris
of any kind, brought to a residence from another site and not generated
as normal residential trash, out for Borough collection is strictly
prohibited and subject to a court summons issued by the Code Enforcement
Officer.
[Added 3-11-2009 by Ord. No. 1249]
A business district consisting of an integrated development
of such uses as retail stores and shops, personal service establishments,
professional and business offices, banks, post offices, restaurants
and theaters or auditoriums housed in an enclosed building or buildings
with party walls of eight inches of concrete block between each business
use and utilizing such common facilities as customer parking areas,
pedestrian walks, truck loading and unloading space, and utility and
sanitary facilities.
One freestanding dwelling unit on a separate lot with open
space (setbacks) on all sides.
Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65d,
regulating noise levels, glare, earthborne or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and flammable materials, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such other similar
matters as may be reasonably required by the municipality, or standards
required by applicable federal or state laws or municipal ordinances.[3]
[Added 3-11-2009 by Ord. No. 1249]
The placement or locating of materials such as brush, metals,
cabinets, shelving, wood, old appliances, automobile or truck parts,
junk or debris of any kind at a residence, whether on the ground or
in any container, shed, truck or trailer.
The Code Enforcement Officer will send a notice of violation
by regular and registered mail to the offending resident permitting
seven days to remove. The seven-day grace period can be used only
one time. After seven days following the initial notification or if
any subsequent violations of any zoning ordinance occur, the Code
Enforcement Officer will issue a court summons and prosecute the offender.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it except a basement.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a story and,
if less than two feet below the top plate, shall be counted as a half
story, provided that not more than 60% of the floor area is used for
rooms, baths or toilets; otherwise, it shall be counted as the fraction
of a story which the floor area of its rooms, baths or toilets bears
to the entire floor area.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by this chapter,
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a planning
board and the grant to such board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
One dwelling unit in a line of at least three dwelling units,
in which each unit has its own front and rear access, no unit is located
over another unit, each unit is separated from others by a fire wall,
and each unit has its own independent utilities.
Any place, area, lot or tract of land which is so designed
or intended for placing or locating thereon a trailer, trailer coach
or other camp car, one or more, as defined below, other than a garage
or other similarly enclosed type of building in which such vehicles
may be placed.
Any unit which is or may be used for living, sleeping or
business purposes by one or more persons and that is equipped with
wheels or similar device used for the purpose of transporting said
unit from place to place, whether it be self-propelled or otherwise,
and whenever the word "trailer" is used herein, it shall mean and
include "trailer coach" and "camp car"; excepting, however, that a
trailer used as a temporary office for administrative purposes in
connection with the doing of construction work in the Borough of Lindenwold
and which has no sanitary facilities attendant thereto is not within
the meaning of this definition.
A structure having space above the first floor designed for
and completed as living quarters with a height of seven feet over
an area equal to 100% of the first-floor area, excluding the garage.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upward, except as otherwise provided
in this chapter.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and front line of the building projected to the side lines of
the lot.
An open, unoccupied space on the same lot with a building,
situated between the rear line of the building and the rear line of
the lot and extending the full width of the lot.
An open, unoccupied space on the same lot with a building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or front line shall be deemed a side lot line.
[1]
Editor's Note: The former definition of "adult bookstore,"
which immediately followed this definition, was repealed 3-13-1996
by Ord. No. 992.
B.Â
Word usage. Words used in the present tense include the future. The
singular number includes the plural, and the plural, the singular;
the word "lot" includes the word "plot"; the word "building" includes
the word "structure"; the word "zone" includes the word "district";
the word "occupied" includes the term "designed or intended to be
occupied"; the word "use" includes the term "arranged, designed or
intended to be used"; and the word "shall" is always mandatory.
