This chapter shall be known as the "Land Use Ordinance of the
Borough of Kenilworth" ("Borough").
This chapter implements the Municipal Land Use Law of the State
of New Jersey (N.J.S.A. 40:55D-1 et seq.) within the Borough. It is
the intent and purpose of this chapter to:
A.Â
Guide the appropriate use or development of all lands in this Borough
in a manner which will promote the public health, safety, morals,
and general welfare;
B.Â
Secure safety from fire, flood, panic and other natural and man-made
disasters;
C.Â
Provide adequate light, air and open space;
D.Â
Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies;
E.Â
Provide sufficient space in appropriate locations for a variety of
residential, recreational, and commercial uses and open space, both
public and private, according to their respective environmental requirements
in order to meet the needs of all of the Borough's citizens;
F.Â
Promote a desirable visual environment through creative development
techniques and good civic design and arrangement;
G.Â
Promote the conservation of historic sites and districts, open space,
and energy resources and prevent degradation of the environment through
improper use of land;
H.Â
Encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
I.Â
Promote utilization of renewable energy sources; and
J.Â
Promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs.
The provisions and requirements of this chapter shall be held
paramount to any corresponding or similar but less restrictive provisions
and requirements of any existing law, ordinance, rule, regulation,
deed, restriction or private covenant affecting lands and premises
in the Borough, provided the Borough as an entity shall be exempt
from all provisions of this chapter unless otherwise provided herein
or as may be required by New Jersey law.
As used in this Part 1 and throughout this Land Use Ordinance
of the Borough of Kenilworth, the following terms shall have the meanings
indicated:
The relinquishment of property or a cessation of the use
of property without the intention to resume by the owner or lessee,
without any intention of transferring rights to the property to another
owner or of resuming the use of the property, in concurrence with
some overt act or some franchise to act which carries the implication
that the owner neither claims nor retains any interest in the subject
site. While the mere nonuse of a nonconforming right does not constitute
abandonment, the property owner bears the burden of proof to show
that the nonusage did not manifest an intent to abandon.
Any building, roofed structure or other structure which has
a height above the ground of at least one foot. If only part of said
structure is one foot or higher above the ground, then only that part
shall be considered an "above-grade structure." This shall include,
but is not necessarily limited to, swimming pools, hot tubs, ornamental
pools, porches, decks, balconies, tanks, fireplaces and barbecue pits,
roofed arbors and trellises, any or all of which are located above
grade as defined herein. Notwithstanding the above, the following
shall not be construed to be above-grade structures for the purposes
of this chapter: fences, walls, retaining walls, flagpoles, mailboxes,
signs, and lawn ornaments.
Touching or joining at the edge or border, adjacent, contiguous.
That portion of a parking area or facility not devoted to
parking spaces which permits vehicles to move from the roadway to
the parking stall and includes both the portion leading to the parking
spaces from the driveway as well as the aisle or space between parking
stalls which permit automobile maneuvering for the purpose of parking.
A building or structure occupied or devoted exclusively to
an accessory use on the same lot with a subordinate purpose to a principal
building or structure. More particularly, but not by way of limitation,
an accessory building or structure in a residential zone shall be
construed to include a deck; detached private garage; private greenhouses;
private summerhouses; private sheds; gazebos; other private roofed
structures; a private swimming pool; and a private tennis court and
private racquetball, private platform tennis, private paddleball,
or private handball court.
A use naturally and normally incidental and subordinate to
the principal and primary use upon any premises. More particularly,
but not by way of limitation, a residential accessory use shall be
construed to include such uses as a private swimming pool, private
tennis court, and private racquetball, platform tennis, paddleball
or handball courts.
A unit of land with a surface area of 43,560 square feet.
An office where the primary function is dealing with other
branches or divisions of the same enterprise, and where there is only
minimum contact with the general public due to such primary function.
The government official designated by the Planning Board
with administering land development regulations.
Any business having as a predominant part of its stock-in-trade
books, magazines, photographs, pictures, films, devices, newspapers,
recordings, periodicals or any other item or paraphernalia devoted
to the presentation or exploitation of parts of the anatomy, human
or animal, in an obscene manner or for obscene purposes.
Housing which is affordable by persons of low or moderate
income based upon the standard of income and affordability established
by the regulations of the New Jersey State Council on Affordable Housing,
as amended from time to time, or as established in the Borough Code.
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 must 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).
Land used for growing crops; raising or breeding dairy, poultry
or other livestock; truck gardening; woodlots; a nursery or greenhouse
or other agricultural or horticultural purposes. Agricultural land
shall also include open or wooded areas, ponds, brooks, meadows, swamps
and land used for hunting, trapping, wild game preserves and noncommercial
recreational purposes.
Any change in or rearrangement in the structural parts or
existing facilities as applied to an existing building or structure,
except such change as may be required by the Borough for safety. Also,
an enlargement or addition to any building by extension of any side
or by increasing its height, or by any change in use, conversion,
or removal of a building, structure or a part thereof from one location
or position to another. "Alteration" shall also mean to change the
appearance of exterior elements of a structure or to change the materials
used. Ordinary maintenance shall not be considered an alteration within
this definition.
Structures such as clock towers, bell steeples, light poles
and similar alternative design-mounting structures that camouflage
or conceal the presence of antennas or towers.
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.
Accessory or auxiliary.
An antenna of any of the following types:
An antenna that is designed to receive television broadcast
signals (TVBS), provided that if it is located on a mast, the mast
is 12 feet or less in height.
An antenna used for reception of shortwave broadcasts or for
use by persons licensed as amateur radio operators by the FCC, provided
that if it is located on a mast, the mast is 12 feet or less in height.
A device used to transmit and/or receive radio or electromagnetic
waves between earth and/or outer space based structures generally,
but not including cellular communication antennas.
See "dwelling, multifamily."
One or more dwelling rooms with private bath and kitchen
facilities comprising an independent, self-contained dwelling unit
in a building containing more than one dwelling unit on a single lot,
and includes one or more such dwelling rooms above a commercial facility
where such use is permissible.
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."
A developer, owner, or contract purchaser with owner's consent
submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or for the issuance
of a permit for the development of all construction on property located
in the Borough.
The Planning Board of the municipality, unless a different
agency is designated by ordinance when acting pursuant to the authority
of this chapter.
The measurement of a plan surface expressed in acres or square
feet.
A building or group of buildings designed as residences for
the frail elderly that provide rooms, meals and personal care, and
which may include assisted living facilities, nursing or convalescent
homes and skilled or intermediate care nursing facilities, which are
required to be licensed by the State of New Jersey pursuant to N.J.S.A.
26:2H-1 et seq.
Any structure which has a height above the ground of less
than one foot.
Dwelling units which occupy their own separate lot of land
but which share a common wall with the adjacent abutting dwelling
unit.
The open space between the ceiling beams of the top habitable
floor and the roof rafters in any building.
See "junkyard."
A rooflike cover made of fabric, flexible plastic or thin
metal over a frame, which projects from and is supported solely by
the wall of a building, the purposes for which may include the shielding
of a doorway, window or sidewalk from the elements and the display
of signs.
An exterior structure of wood, masonry, metal, stone, asphalt
or other substance without a roof, the floor level of which is elevated
above ground level more than four feet and either supported by, attached
to or accessible from the principal building or structure.
Any sign or string of one or more signs, usually made of
cloth or other lightweight material, which is used to attract attention,
whether or not imprinted with words or characters, including but not
limited to balloons and pennants. Flags shall not be considered banners.
A portion of the building partly underground but having less
than 1/2 of its clear height below the average grade of the adjoining
ground. (See "cellar.")
An alcove of a room projecting from an outside wall and having
its own windows, usually but not always having a shortened floor or
ledge.
A single dwelling structure licensed by the State of New
Jersey, occupied by the resident owner and family or occupied by a
resident manager, in which bedrooms are rented and a morning meal
provided to transient and temporary lodgers on a daily basis for compensation.
A room within a dwelling unit which is used for sleeping
on a regular basis, usually containing a bed or similar service for
sleeping and usually equipped with a door for purposes of privacy
and a closet for storage.
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.
See "sign, outdoor advertising."
Central visual acuity of 20/200 or less in the better eye
with the use of a correcting lens. An eye which is accompanied by
a limitation in the fields of vision such that the widest diameter
of the visual field subtends an angle no greater than 20° shall
be considered as having a central visual acuity of 20/200 or less.
A group of platted lots facing one side of one street between
two cross streets.
The Planning Board of the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A dwelling in which, for compensation, lodging or meals or
both are furnished to two or more, but not exceeding six, guests.
Members of the governing body.
A combination of materials to form any structure or construction
adapted to permanent, temporary, or continuous occupancy and equipped
with a roof, whether or not supported by columns, pillars or walls.
That portion of a lot covered by the main or first floor
of a building or buildings.
Vertical distance from the average level of the existing
or natural grade along the wall or walls of the building to the highest
level of a flat roof surface, the slope of which is not more than
one inch vertical to one foot horizontal; for all other roofs the
vertical distance measured from the existing or natural grade to the
ridge of the roof. Existing or natural grade is to be measured at
the foundation wall at the building corners. The building height measured
will be the largest so measured.
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.
A permit issued by the Construction 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 Borough Building Code.[1]
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 Borough 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.
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.
A building or buildings on a lot in which is conducted the
principal use of the property.
Regulations involving height, yard dimensions, lot area,
lot width, lot frontage, lot depth, lot coverage by a building or
structure or other improvements, floor area ratio and other regulations
of the dimensions of the buildings, structures, yards or lot.
A business or commercial establishment which does not offer
a product or merchandise for sale to the public on the premises but
which provides a service to patrons as its primary function. Personal
service establishments, including but not limited to barbershops,
or repair services, such as radio and television repair shops and
similar businesses, shall not be included as a business or commercial
office.
Services primarily rendered to other business establishments
on a fee or contract basis rather than to the general public. Such
services as advertising and mailing, building maintenance, employment
services, management and consulting services, protection services,
equipment rental and leasing, commercial research development and
testing, and photo finishing are examples of business services.
Any variance which is not a "D" variance, relating to a deviation
from the bulk or area requirement circumscribed in a particular zone
as more fully set forth in N.J.S.A. 40:55D-70c(2).
American Association of Nurserymen standard for trunk measurement
of nursery stock. Caliper of the trunk shall be taken six inches above
the ground for up to and including four-inch caliper size, and 12
inches above the ground for larger sizes.
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project. Included are all major projects requiring
the expenditure of public funds over and above the annual local government's
operating expenses for the purchase, construction, or replacement
of the physical assets for the community.
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade of the
adjoining ground. (See "basement.")
An antenna that is intended for commercial transmission or
reception of personal wireless telephone services, including commercial
mobile services communications, common carrier wireless exchange access
services, and any other accessory structures and equipment necessary
for such transmission or reception. A freestanding cellular telecommunications
antenna is such an antenna supported by a tower, mast, pole, or similar
structure designed primarily for supporting and raising the vertical
elevation of such antenna. Such antenna shall also mean any exterior
transmitting or receiving device mounted on a tower, building or structure
and used in communications that radiate or capture electromagnetic
waves, digital signals, analog signals, radio frequencies (excluding
radar signals), wireless telecommunications signals or other communication
signals.
A certificate issued by the Construction Official signifying
completion of a building, structure or other improvement in accordance
with applicable laws and/or ordinances, and permits the occupancy
or use of the building, structure or improvement for the stated uses.
A discontinuance of an existing conforming use and the substitution
of the same or similar conforming use in the same space without alteration.
The use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, including a change from one permitted
use to another kind of permitted use in the same zone, as well as
any change in activity which changes, alters or enlarges the previous
use or which will change, alter, enlarge or affect drainage, traffic,
parking, sidewalks, paving, landscaping, fencing, sanitary disposal
or other similar considerations under the site plan review requirements.
Any facility which is maintained for the care, development,
and supervision of six or more children who attend the facility for
less than 12 hours a day and which offers such programs as child-care
centers, day-care centers, drop-in centers, day nursery schools, play
schools, cooperative child centers, centers for children with special
needs, infant-toddler programs, employment-related centers, and/or
kindergartens that are not an integral part of a private educational
institution or system offering elementary education in grades kindergarten
through sixth. A child-care center shall not offer programs operated
by a public or private day school of elementary and/or high school
grade, special activity programs for children, youth camps, and/or
religious classes or centers. Child-care centers shall have a license
from the Department of Human Services pursuant to P.L. 1983, c. 492
(N.J.S.A. 30:5B-1 et seq.).
Assignment to a category within a system of categories.
Any intentional or negligent act to cut down, remove all
or a substantial part of, or damage a tree or other vegetation that
will cause the tree or other vegetation to decline and/or die. Such
acts shall include but not be limited to damage inflicted upon the
root system of the vegetation by the application of toxic substances,
by the operation of equipment and vehicles, by storage of materials,
by the change of natural grade due to excavation or filling, or by
the alteration of natural physical conditions.
A facility for the treatment of animals in which there are
no boarding provisions and no outdoor facilities or runs.
A facility for the medical treatment of outpatients only,
without boarding or overnight provisions for patients.
The New Jersey Council on Affordable Housing.
An activity set characterized by an interchange or sale of
goods or services with emphasis on profit.
Includes but is not limited to facilities for the common
use of two or more dwelling units, such as roads, sidewalks, swimming
pools, playgrounds, trees, greens, fairways and parking areas.
Ownership of land and/or real improvements by an association,
cooperative or the like.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An open space area within or related to a site designated
as a development, 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 community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 persons with head
injuries who require assistance, temporarily or permanently, in order
to live in the community, and shall include but not be limited to
group homes, halfway houses, intermediate care facilities, supervised
apartment living arrangements, and hotels.
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hotels.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulations
of the Department of Human Services (DHS) providing food, shelter,
medical care, legal assistance, personal guidance, and other services
for not more than 15 persons who have been victims of domestic violence
and temporarily require shelter and assistance in order to protect
their physical and psychological welfare.
An application form completed as specified by ordinance and
the rules and regulations of the Planning Board, and all accompanying
documents required by ordinance for approval of the application for
development. An application shall be certified as complete by the
administrative officer upon the meeting of all requirements specified
in the ordinance and in the rules and regulations of the Planning
Board, and shall be deemed complete as of the day it is so certified
for the purpose of the commencement of the time period for action
by the Planning Board. On the day the application is so certified
as complete, the time period for action on the application by the
Planning Board begins.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Board
and meeting the requirements of this chapter.
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 Part 3, Zoning, Article 30, and upon the issuance of an authorization therefor by the Planning Board.
One or more buildings or structures, and the land on which
it is situated, containing multiple residential dwelling uses or multiple
nonresidential uses characterized by a 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 unit. See N.J.S.A. 46:8B-1 et seq.
A nonpossessory easement granting a right or interest in
real property that is appropriate to retaining land or water areas
predominately in their natural, scenic, open, or wooded condition;
retaining such areas as suitable habitat for fish, plants, or wildlife;
or maintaining existing land uses, and requiring that the described
land will remain in its existing natural state in perpetuity.
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.[2]
Synonymous with "abutting."
A certificate issued by the Construction Official signifying
completion of a building, structure or other improvement in accordance
with applicable laws and/or ordinances, and permits the occupancy
or use of the building, structure or improvement for the stated uses.
A form of ownership of a building or structure containing
multiple residential dwelling uses or multiple nonresidential uses
characterized by individual ownership of shares of a corporation in
an amount related to the space of an occupied unit, with the corporation
owning the building and land as a whole. See N.J.S.A. 46:8D-1 et seq.
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.
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.
The combined area of all buildings and above-grade structures
on a lot, including but not limited to porches, balconies and cantilevered
parts of the building at any level, but excluding, however, cornices,
eaves, and other structures which are specifically excluded by this
chapter. Said coverage shall be measured at the exterior surface of
such buildings and structures and shall be divided by the lot area
and expressed as a percentage.
The coverage by buildings and above-grade and at-grade structures
on a lot as defined above, plus the ground coverage of the plan projection
of any structures, driveways, sidewalks, parking areas and other paved
areas, divided by the lot area and expressed as a percentage. This
definition includes all man-made features, except vegetation, organic
mulch, soil and other structures which are specifically designed to
be excluded by this chapter.
Area of nonhabitable space with a ceiling height of less
than three feet.
Any street or combination of streets having only one outlet
or connection to a street having more than one outlet or means of
access.
Permission to depart from the literal requirements of the
zoning regulations as set forth in N.J.S.A. 40:55D-70d to permit:
A use or principal structure in a district restricted against
such use or principal structure;
An expansion of a nonconforming use;
Deviation from a specification or standard pertaining solely
to a conditional use;
An increase in the permitted floor area ratio as defined in
this chapter;
An increase in the permitted density as defined in this chapter,
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling-unit buildings, which lot or lots are either
an isolated undersized lot or lots resulting from minor subdivision;
or
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
Calendar days.
Tree trunk diameter measured at a height of 4.5 feet above
the ground. If a tree splits into multiple trunks below 4.5 feet,
the trunk is measured at its most narrow point beneath the split.
The New Jersey Department of Community Affairs.
A structure of wood, masonry, metal, stone, asphalt or other
substance without a roof, the floor level of which is elevated above
average ground level more than one foot but not more than four feet
and which is used for recreational purposes.
The permitted number of dwelling units per gross acre of
land to be developed.
A grant of permission by the Planning Board to deviate from
the design standards established by law and contained in this chapter.
A single dwelling unit which occupies its own separate lot
of land, as in a single-family house.
A building or structure on a separate lot of land containing
one dwelling unit and not attached to any adjoining dwelling unit
by a common wall.
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 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
for which permission may be required.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
under COAH's rules.
A zoning, subdivision, site plan, official map or other regulation
of the use and development of land, or amendment thereto, adopted
and filed pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
The New Jersey Department of Human Services.
A person who has the total and permanent inability to engage
in any substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, and shall include,
but not be limited to, any resident who is disabled pursuant to the
federal Social Security Act, 42 U.S.C. § 416, or the federal
Railroad Retirement Act of 1974, 45 U.S.C. § 231 et seq.,
or is rated as having a 60% disability or higher pursuant to any federal
law administered by the United States Veterans Act.
A dish-shaped antenna designed to receive television broadcasts
relayed by microwave signals from earth-orbiting communications satellites.
Synonymous with "zone district," and being a division of
the Borough permitting only certain categories of uses, requiring
certain lot sizes or other development conditions, or a combination
of both.
New Jersey Department of Health.
The removal of surface water or groundwater from land by
drains, grading or other means necessary for water supply preservation
or prevention or alleviation of flooding, including the control of
runoff to minimize erosion and sedimentation during and after construction
or development.
The lands required for the installation or maintenance of
stormwater sewers, brook enclosure, brook channel improvements or
drainage ditches, or required along a natural stream or watercourse
for preserving its channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1A-1 et seq.
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree but not less than six feet from the trunk, whichever is greater.
An improved or delineated area on a lot leading from a street
to a garage or entrance to or exit from a building or a parking area
intended and designed for use by motor vehicles.
The same as an attached dwelling unit but limited to two
units.
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.
One or more rooms comprising living accommodations designed
and used for occupancy by one family living together as a single housekeeping
unit containing sanitary, sleeping, and kitchen and dining facilities,
fixed or portable. All residential properties are limited to one kitchen
per dwelling.
A housing unit that is restricted to occupancy by at least
one person that is at least 55 years of age or older.
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.
A building containing three or more dwelling units.
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.
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.
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.
A building containing not more than two dwelling units, arranged
one above the other or side by side.
The right of one party to enter upon or use the land of another
party.
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:
The Planning Board shall review the plot plan and make recommendations
thereon prior to the issuance of any building permit or certificate
of occupancy.
Schools or studies offering music, art or dancing instruction,
or instruction in a vocational trade, shall not be classified as nonpublic
educational institutions.
A written report, including appropriate maps and exhibits,
describing a proposed development and assessing the environmental
and ecological impacts of the development in order to alert the Borough
and the developer to potential risks and dangers.
The value of a property determined by the Borough Tax Assessor
through a process designed to ensure that all property in the Borough
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
utilizing estimates for construction cost. Final equalized assessed
value will be determined at project completion by the Borough Tax
Assessor.
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 facilities,
as defined in this section. In the event of conflict between the two,
"public utility facility" shall be deemed to apply. Essential services
may not exceed 50 feet in height.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any species of animal not considered a domestic animal or
indigenous wildlife.
The Federal Aviation Administration.
The exterior vertical surface of a building, including ornamentation,
windows, doors, or overhangs.
Any number of persons, whether or not related by blood, marriage
or adoption, living together in a single dwelling unit as a single
housekeeping unit. Employees, roomers or boarders meeting the above
definition shall be included as part of the family.
Any private residence approved by the Department of Children
and Families or an organization with which the Department contracts
for family day care in which child-care services are regularly provided
to no fewer than three and no more than five children for no less
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
child-care services:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Federal Communications Commission.
A form of ownership of real estate where the owner or owners
are entitled to the entire property with unconditional power of disposition
during life and which passes to heirs upon death pursuant to the intestacy
laws, or if there is a will, to the devisee by will.
An artificially construed barrier of wood, wire or metal
or any other combination of materials erected for the enclosure or
screening of areas of land supported by posts or other similar devices
placed in the ground.
The official action of the Board taken on a preliminary approved
major subdivision or site plan, or part thereof, after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the subdivision which
is presented to the Borough Planning Board for final approval in accordance
with regulations established by Part 2 and which, if approved, shall
be filed with the proper county recording officer complying with the
Map Filing Law.[3]
Establishments primarily engaged in offering instruction
in the arts, including dance, art, drama and music, except for academic
purposes, including but not limited to art (except commercial or graphic)
instruction, ballet schools, ceramics instruction, conservatory of
music, dance instruction, dance schools, dance studios, drama schools,
handicrafts instruction, music instruction, performing arts schools,
photography schools, drama schools, sculpture instruction, theater
schools and voice instruction.
An emergency egress from a building used for human occupancy,
constructed to meet the requirements of the Uniform Construction Code.
An area adjacent to a floodway as defined by the Borough
Code.
Any storm drainage control technique which retards or detains
stormwater runoff from land or buildings by the use of a containment
device, such as a chamber or basin.
The space contained within the banks of a stream or river
as defined by NJDEP.
The ratio of the gross floor area of a building to the total
lot area.
The area of a floor computed by measuring the dimensions
of the outside walls in a building or dwelling unit, excluding attic,
basement, and cellar floors, porches, patios, terraces, breezeways,
carports, verandas, garages, atria, galleries, indoor mechanical installations,
interior parking and loading spaces, and guard houses, provided that
such excluded areas are not utilized for work or storage space in
nonresidential buildings.
The area of that portion of a building or structure designed,
intended, heated, and furnished for year-round human occupancy, measured
on each floor from the inside of the outside walls. "Habitable floor
area" shall not include unheated areas, garages or attic spaces which
are inaccessible or of inadequate height or unheated. The floor area
of stairwells and/or elevator shafts shall be the area of one floor
of such stairwell or shaft.
The portion of a lot facing a street. On corner lots and
through lots, the front shall be the street facing the front door
or the majority of front doors.
See "yard, front."
The distance measured along the street property line between
the point where one side line of a lot meets the front street property
line. On through lots the property shall have frontage on both streets.
On corner lots, along the front street line between the two side lines
as projected.
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.
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.
Any building, structure, lot or land on or upon which a business
service or industry involving the storage, maintenance, or servicing,
and storage in connection therewith, of motor vehicles or boats is
maintained, conducted or rendered, provided that it shall not include
a building, structure, lot or land on which a business is conducted
which involves motor vehicle body repair or painting.
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.
A building or group of buildings situated on one lot and
containing separate dwelling units for no fewer than three families
and not exceeding two habitable floors.
A commercial establishment selling plants and garden products,
seeds, fertilizer, tools and other related items primarily at retail
to the public.
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 are
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.
Any building, structure, lot or land on or upon which a business,
service or industry involving the storage, maintenance, or servicing
of motor vehicles is maintained, conducted, operated or rendered,
and in association therewith, motor fuel is offered for sale to the
public, provided that a gasoline service station shall not include
any building, structure, lot or land upon which a business is conducted
involving motor vehicle body repair or painting.
A detached residential accessory structure with a roof but
no walls.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
or visibility.
Land laid out for golf and having a minimum area of 50 or
more contiguous acres to support an eighteen-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.
The Mayor and Council of the Borough.
The elevation of the surface of the earth or, where applicable,
the average elevation of land around a building or structure as measured
at the foundation. Also, the percent of rise of a sloping surface.
The average ground elevation of the lot at the front building
line after all proper lot grading has taken place.
Describes the status accorded certain properties, structures,
uses, and activities that legally exist prior to the date of adoption
of the zoning ordinance or provisions of the zoning ordinance.
See "floor area, gross."
See "floor area, habitable."
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.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
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:
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;
In connection with which there is kept no stock-in-trade or
commodity sold upon the premises;
In connection with which only a member or members of the resident
family are employed; and
Not more than 30% of the floor area of the building is used
for such accessory use.
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
chapter.
An existing lot upon which a single-family residence has
been or is to be constructed.[4]
A plumbing fixture which can be located both inside and outside
a dwelling capable of accommodating several persons at the same time
and having water circulation or aerating equipment and having a water
surface area when full not exceeding 100 square feet. The water surface
up to a maximum of 100 square feet of any hot tub shall not count
towards impervious lot cover.
A building containing hotel units, each having its only access
from an interior corridor, which building has a public lobby and full-time
management serving the guests, and which may contain ancillary services
and facilities, such as restaurants, shops and boutiques, recreation
facilities, meeting rooms and conference and convention facilities,
which shall be accessible from the interior of the building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A building or structure or group of buildings or structures
which by design and construction are primarily intended for use by
groups or persons to conduct organized religious services and whose
secondary uses are associated therewith, notwithstanding the fact
that such buildings or structures are called by other names by the
religious denomination utilizing them. This denomination shall include,
but not be limited to, chapels, churches, congregations, temples,
mosques, shrines and similar designations, as well as rectories, parish
houses, convents and such other buildings or structures intended for
secondary uses located on the same lot.
One or more dwelling units intended and designed to be occupied
by single individuals 55 years of age or older; married couples, at
least one of whom is 55 years of age or older; or two or more persons
not related by blood, marriage or adoption when all such persons are
55 years of age or older. One person under age 55 but over age 20
years may reside in a dwelling unit with an elderly person or persons
as permitted above if the presence of said person is essential for
the care or economic support of the elderly person or persons. Children
20 years or older may reside with a parent or parents as permitted
above. Rental, leasing, resale or occupancy of units must comply with
the age restrictions as herein set forth to qualify as housing for
the elderly.
United States Department of Housing and Urban Development.
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, pools and
roofed structures.
Anything placed on a lot which does not exist naturally,
provided that earth, rocks, grass, shrubs, trees and other vegetative
material, although placed on the lot by the developer, shall not be
construed as an "improvement" defined herein, and further provided
that the above shall not be construed to exempt filling, excavation,
grading, or landscaping from the requirement to obtain site plan approval
if required by this chapter.
A use characterized by manufacturing of products, the use
of processes, the assembly of component parts of premanufactured products
other than structures or other fixed improvements, and the blending
of materials, usually into a tangible product.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey. In the case of a civil proceeding in any
court or in an administrative proceeding before a Borough agency,
any person, whether residing within or without of the Borough, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter, or whose rights to use, acquire,
or enjoy property under this chapter, or under any other law of this
state or of the United States, have been denied, violated or infringed
upon by an action or a failure to act under the Municipal Land Use
Law.[5]
A program approved by the Board pursuant to an application
whereby parking facilities are shared by occupants of two or more
premises.
Any space or area, whether inside or outside a building or
structure, used or intended to be used for the storage, selling, buying,
trading in, keeping, or abandonment of used or discarded or scrap
metal, glass, paper, fabric, cordage or other similar material or
for the dismantling, demolition or abandonment of motor vehicles,
or other vehicles or machinery, appliances, equipment, fixtures, or
parts thereof. It shall not apply to facilities operated by the Borough
or an agency thereof as a convenience to its citizens for the purposes
of disposal of organic materials or discarded household items or by
a nonprofit organization on public property with the permission of
the governing body and under its control for the purpose of recycling.
Any activity involving the clearing, grading, transporting,
filling or excavation of land which causes land to be exposed to the
danger of erosion, except for normal farming practices executed for
the purposes of farming.
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.
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.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit. Adjoining parcels in common ownership which do not
meet the dimensional and area requirements for building lots as set
forth in Part 3, Zoning, shall be considered as a single lot for the
purposes of Part 2.
The total square footage of any lot as measured within the
lot lines.
See "building coverage" and/or "coverage by improvements"
as applicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The average distance between the front lot line and the rear
lot line. Lot depth shall be measured along a line connecting the
midpoint of the front lot line and the midpoint of the rear lot line,
and along the lines drawn parallel to said line at ten-foot intervals
from said line throughout the width of the lot, provided that those
said lines located entirely within the lot shall be used for measuring
lot depth. The average of the above measurements shall be the lot
depth. In the case of corner lots, the greater of such average dimensions
shall be the lot depth.
The length of the front lot line. In the case of a subdivision
application, when the rear lot line or side lot line of the lot sought
to be divided is coterminous with the end of a street (other than
a cul-de-sac), such rear or side lot line shall not be deemed lot
frontage.
A line of record bounding a lot which divides one lot from
another or from a public or private street.
The lot line separating a lot from a street right-of-way.
On corner lots, the front lot line shall be the line to which the
front door or majority of front doors face. In addition, for purposes
of this definition, when the lot lines at an intersection are rounded,
the front lot line shall be measured to the point of intersection
of the extension of the front lot line and street side lot line.
The lot line or lines opposite and most distant from the
front lot line. In the case of triangular lots, the rear lot line
shall be construed to be an imaginary line that intersects the point
of intersection of the side lot lines and follows the alignment of
the rear lot lines of adjacent properties, the intent being to maintain
the existing rear yard pattern of the neighborhood.
The lot line other than a front or rear lot line. On corner
lots, the lot line opposite the side of the principal structure shall
be the side lot line.
The shortest straight line distance between the side lot
lines of any lot, measured parallel to the front line and at a distance
from the front lot line equal to the minimum required front yard setback.
If the front lot line of any lot is not a straight line, the lot width
shall be measured parallel to the shortest imaginary line which is
entirely within the lot and tangent to the front lot line. The lot
width shall be measured parallel to said imaginary line at a distance
equal to the minimum front yard setback.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A parcel of land at the junction of and having frontage on
two or more intersecting streets or a lot at a section along a street
where the street alignment has an angle more acute than 135°.
Front yard setback requirements shall be provided for all street frontages
of a corner lot.
A lot, other than a corner lot, having frontage on two streets.
A lot with the following configuration: a narrow portion
wide enough to accommodate a driveway or other access corridor and
extending from the front lot line back to an enlarged area at the
rear of the lot, with the enlarged area being wide and deep enough
to accommodate a permitted use or structure.
Any lot which is not a corner lot or through lot.
A lot which has frontage upon streets at its front and rear
and by other lots at its side.
Housing that is affordable, according to HUD or other recognized
standards for homeownership and rental costs, and occupied or reserved
for occupancy by households with a gross household income equal to
50% or less of the median gross household income for households of
the same size within the house region in which the housing is located,
and is subject to affordability controls.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by the Municipal Land
Use Law, including but not limited to surety bonds, letters of credit
under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Any site plan not classified as a minor site plan.
All subdivisions not classified as minor subdivisions.
The production or assembly of articles or finished products
from previously refined raw materials by giving them new forms, qualities,
or compositions.
A composite of the mapped and written proposals recommending
the physical development of the Borough, which has been duly adopted
by the Planning Board in accordance with N.J.S.A. 40:55D-28.
The level of income where 1/2 the persons having income are
below that level and 1/2 the person having income are above that level.
A development plan of one or more lots which:
Is limited to the following where no new variances are required:
Freestanding sign.
Alteration of a facade of the building or structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Increase or decrease in floor area (either gross or habitable)
of less than 500 square feet or 10%, whichever is greater.
Addition of a permitted accessory building, structure or use
no larger than 500 square feet in floor area or 10%, whichever is
greater.
Adding no more than five parking spaces or altering a site which
requires no more than five parking spaces.
Modification of utilization not involving any of the above.
Change from one commercial use to another commercial use, or
one office use to another office use, for which there is no other
variance required.
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42.
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met.
Requires no variances, waivers or exceptions.
Any subdivision:
Resulting in not more than three lots fronting on an existing
street.
Not involving any new streets or roads or the extension of Borough
facilities.
Not adversely affecting the development or probable development
of the remainder of the parcel.
Reviewed by the Borough Engineer and Borough Planner for consistency
with this chapter and classified as a minor subdivision.
The development of a tract of land, building or structure
containing more than one principal permitted use and designed as a
comprehensive, integrated development.
A structure of vehicular, portable design, which is:
Built on a chassis and designed to be moved from one site to
another, and to be used with or without a permanent foundation;
Designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation; and
Manufactured in accordance with the standards promulgated for
a manufactured home by the Secretary of the United States Department
of Housing and Urban Development pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, Pub. L. 93-383
(42 U.S.C. § 5401 et seq.) and the standards promulgated
for a manufactured or mobile home by the Commissioner of the New Jersey
Department of Community Affairs pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
"Mobile home," for purposes of this chapter, does not include
modular homes.
Any assembly of materials which is so designed, constructed
or reconstructed to make it portable and capable of movement from
one site to another, designed to be used without a permanent foundation,
designed with the purpose of storing tangible property and not for
occupancy by persons, and to have one dimension exceeding 10 feet.
Mobile storage structures, as defined herein, are prohibited in the
Borough, except such a structure shall not be deemed a mobile storage
structure for purposes of this chapter as specifically described hereafter:
The loading, unloading and/or parking of any mobile storage
structure commonly known as a "truck trailer" which is properly registered
under the laws of any state as a motor vehicle, provided the parking,
loading and/or unloading of said motor vehicle complies with all other
provisions of New Jersey law and this chapter.
The loading or unloading of mobile storage structures on industrial,
commercial or residential sites so long as said activity does not
exceed a forty-eight-hour period of time.
The use of mobile storage structures in industrial or commercial
zones for the disposal of waste materials by a contractor licensed
for such disposal services.
The use of mobile storage structures at construction sites for
storage and/or disposal of materials, provided that a permit is obtained
from the Borough for use in excess of 48 hours, which use and placement
shall be limited to a maximum of six months, and provided that its
placement satisfies all other provisions of this chapter.
The use of mobile storage structures by the Borough, its agencies
or subdivisions.
The use of mobile storage structures designed for human occupancy
which are regulated under other provisions of this chapter and/or
New Jersey law.
The use of no more than three mobile storage structures in the
nonresidential zones only so long as the Zoning Officer determines
that the mobile storage structure(s) satisfies the following criteria:
Does not exceed 40 feet in length, is not greater than 2,600
cubic feet in size, is not greater than eight feet in height from
the bed of the structure, is not greater than 13 feet in height measured
from the ground to the top of the structure, and is not greater than
eight feet in width. At no time shall the top of any mobile storage
structure exceed the height of the building behind which it is located;
Whether the mobile storage structure(s) is permitted shall be
determined by rear yard coverage limitations for accessory structures
contained in this chapter;
Mobile storage structures shall not be located in or impede
the use of any parking area, loading area, aisle or driveway;
Mobile storage structures shall not be located in the public
right-of-way;
Mobile storage structures shall only be located on private property
and only in the rear yard of the principal structure on that property
as defined in this chapter;
Mobile storage structures shall not be in violation of any bulk
variance requirement of this chapter;
Mobile storage structures shall not be located in any residential
zone;
Mobile storage structures shall be properly buffered so they
are screened from view from any adjacent public way or residential
use; and
No materials classified as high hazard by the New Jersey Uniform
Construction Code may be stored in any mobile storage structure.
A change in the degree of utilization of land, buildings
or structures which, although permitted in the particular zone district,
nevertheless constitutes such a significant increase or decrease in
the number of occupants, patrons, visitors, or other persons using
the land, buildings, or structures; the need for public utility or
transportation services; the extent of traffic generation or parking
requirements; or other similar factors that, in the opinion of the
Zoning Officer, site plan review and approval of the Board is required.
By way of example, but not limitation, a use involving any of the
following shall be presumed to be a modification of utilization:
An enlargement, reduction or relocation of the building, floor
area or land area containing the use;
A substantial change in the products or materials manufactured,
stored, used or sold on the premises;
A substantial change in the amount and/or nature of traffic,
parking, shipping or deliveries associated with the use on the premises;
A change in the number of dwelling units; and
A substantial change in the hours, days or season during which
the use is conducted.
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. Said building or buildings may have full-time
management and may contain restaurants and recreation facilities primarily
intended to serve transient guests of the motel.
See "hotel."
Any motor vehicle, omnibus, road tractor, trailer, truck
and/or truck tractor, and shall have the meaning stated and defined
in N.J.S.A. 39:1-1 et seq., but shall not include mobile storage structures
as defined elsewhere in this chapter.
Any building, structure, lot or land on or upon which a business,
service or industry licensed by the State of New Jersey involving
the repair and/or painting of motor vehicle bodies, and storage in
connection therewith, is maintained, conducted, operated or rendered.
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.
Any building, structure, lot or land on or upon which a business,
service or industry involving the mechanical repair or maintenance
of motor vehicles and storage in connection therewith is maintained,
conducted, operated or rendered.
A use where three or more separate dwelling units are permitted
as the primary use on one lot.
A person who is domiciled in the Borough.
Any use by the Borough of any property owned or leased by
it.
Any person licensed under New Jersey law as a new or used
car dealer, or any person who maintains or operates a facility where
automobiles, either new or used, are stored, displayed or offered
for sale or lease.
New Jersey Department of Environmental Protection.
New Jersey Department of Transportation.
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter, or prior to any of its predecessor chapters, but fails to
conform to the requirements of the zoning district in which it is
located by reason of such adoption, revision or amendment.
A lot of record, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
or prior to any of its predecessor chapters, but 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 a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Any organization, whether incorporated or otherwise, which
is not for profit and which is organized for the benefit of its members
or for the public or for charitable purposes, but shall not include
hospitals, clinics or outpatient clinics or dispensaries whose principal
function is the providing of nursing or convalescent care, the furnishing
of narcotic, drug or alcohol abuse treatment, or performance of abortions.
A use which is designed or intended for any purpose other
than as a dwelling unit.
The residing of a person or persons in a dwelling unit overnight,
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, public or industrial building. Also, the specific
purpose for which land, building or structure is used, designed or
maintained.
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 the development application, or within 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.
A map adopted pursuant to N.J.S.A. 40:55D-32 et seq., as
amended.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or 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. "Open space" shall
include the term "common open space" as herein defined. For the purpose
of determining the limits of open space area, it shall include any
area exclusive of buildings, paved surfaces, public rights-of-way
and areas serving individual dwelling units or intended for the use
of occupants of individual dwelling units, but inclusive of clubhouses,
tennis courts, swimming pools and similar recreation facilities, along
with accessory parking facilities.
A motor vehicle which in its then existing condition can
be moved under its own power from place to place on a public highway
without violating any provision of Title 39 of the New Jersey statutes
by doing so.
Portable or temporary storage units intended to be utilized
upon the exterior of residential premises for the purpose of storing
all types of items of personal and household property, either for
pure storage or to facilitate the moving of persons from household
unit to household unit, with the understanding that such items, after
a period of time (as defined in Part 3, Zoning) for loading, will
be moved to a commercial storage facility.
Any person, individual, firm, association, legal entity,
syndicate, copartnership or corporation having sufficient proprietary
interest in the land sought to be subdivided or developed to commence
and maintain proceedings to subdivide or develop such property under
Part 2.
A projection of a wall of a building above the roof.
An open area other than a street or other public road or
way used for the parking of motor vehicles, including access drives
or aisles for ingress and egress thereto and therefrom.
A permanently surfaced off-street area of not less than 162
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.
Required parking, or portion thereof, the construction of
which is permitted to be deferred until needed.
A structure of wood, masonry, metal, stone, asphalt, or other
substance without a roof, the floor level for which is one foot or
less above average surrounding grade, used for recreational purposes
and as an accessory use.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Board approves a final
plat or site plan, including performance bonds, escrow agreements
and other similar collateral or surety agreements, including cash.
Any person, individual, business entity, partnership, association,
corporation, company or organization of any kind or nature.
Services involving the care of a person or his or her personal
goods or apparel.
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.
Includes planned residential development, residential cluster,
planned commercial development, or planned industrial development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
PLANNED COMMERCIAL DEVELOPMENTAn 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 chapter.
PLANNED INDUSTRIAL DEVELOPMENTAn 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 industrial, manufacturing, warehousing, office, retail, and commercial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED RESIDENTIAL DEVELOPMENTAn area of a minimum contiguous size, as specified by ordinance, to be developed according to plan as a single entity containing one or more residential clusters, which may include appropriate commercial, public, or quasi-public uses primarily for the benefit of the residential development and any other uses incidental to the predominant use as may be permitted by this chapter.
The Planning Board of the Borough of Kenilworth established
pursuant to N.J.S.A. 40:55D-23. The Planning Board also serves as
the Borough's Zoning Board of Adjustment when "D" variance applications
are heard.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The same as a garden center except with the added feature
that plants are grown on site.
The map or maps of a subdivision or site 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.
An above-grade open or enclosed structure attached to or
accessible from the principal building or structure, having a roof,
and having more than 35 square feet in area and is considered as part
of the principal building or structure.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this chapter, including permitted towers or antennas that have not
yet been constructed, so long as such approval is current and not
expired.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Board and the applicant.
The preliminary development plan indicating the proposed
layout of the site which is submitted to the Board for consideration
and preliminary approval meeting the requirements of the appropriate
sections of this chapter.
The map indicating the proposed layout of a major subdivision
which is submitted to the Board for consideration and for preliminary
approval and meeting the requirements of the appropriate sections
of this chapter.
The particular lot or lots being considered, including everything
thereon.[6]
An incorporated or unincorporated association or organization
for civic, social, cultural, religious, literary, political, and recreational
or like activities operated for the benefit of its members and not
open to the general public.
The office or studio of a doctor or physician, but not including
medical clinics; dentist, but not including dental clinics; veterinarian,
but not including animal hospitals; lawyer; minister; architect; professional
engineer; accountant; or teacher and such similar professions which
require a comparable degree of formal education and experience. 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 30% of the ground or first-floor area of the principal
building.
Such areas include:
A lot or land owned or operated by the Borough or a department
thereof or any other governmental agency, including any which is open
to use by the general public, whether free of charge or otherwise,
and which is primarily devoted to recreational or open space use.
Any use meeting the general definition of "public utility"
as set forth in the definition section of N.J.S.A. 48:2-13 et seq.,
which is contained in a building no greater than 15 feet in height,
and if not contained in a building, involving structures no greater
than 35 feet in height, and otherwise meeting the requirement for
lot size, coverage, setbacks, etc., provided for the zone in which
it is located, except where more stringent requirements are imposed
herein which shall control. Notwithstanding the above, the following
uses shall not be residential type public utility uses for purposes
of administering this chapter:
Bus or autobus, trolley railroad, street, railway, traction
railway, charger bus, or special bus terminal, parking facility, storage
or maintenance facility, electric substation;
Natural gas transmission pumping facility or pressure reduction
facility; and
Any facility relating to the collection, transfer, processing,
storage or disposal of solid waste or vehicles engaged in the collection
of solid waste, except such facilities operated by the Borough as
hazardous waste sites or any facility relating to the storage, transfer,
processing or disposal of hazardous waste.
Any use meeting the general definition of "public utility"
as set forth in the definition section of N.J.S.A. 48:2-13 et seq.,
and which does not meet the definition of "residential type public
utility" herein.
An office or facility for carrying on research, engineering
and development in the physical or biological sciences with the objective
of creating end products, including the administration office associated
therewith. Such activities shall be of a type that do not include
any activities that create noise, dust, smoke, odor, glare, flashes,
vibration, shock waves, heat, electronic or atomic radiation, objectionable
effluent, unusual risks of fire or explosion or activities otherwise
prohibited by law or ordinance and shall not cause electrical, visual,
or audible interference in any radio or television receivers or transmitters
located off premises or cause fluctuations in line voltage off premises.
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.
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.
In the form of cash, a bond or other security satisfactory
to the Board, which can be used by the Borough to restore applicable
property to a safe condition in the event that the developer abandons
the project, so as to ensure that the property in its unfinished development
state does not adversely affect the public safety or adversely impact
the environment.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument which is exempt
from subdivision.
The sale of goods or merchandise to the general public for
personal or household consumption and the rendering of services incidental
to the sale of such goods.
[Amended 9-12-2018 by Ord. No. 2018-14]
Establishment providing services or entertainment, as opposed
to products, to the general public for personal or household use,
including eating and drinking places, hotels and motels, personal
service, motion pictures, amusement and recreation services, health,
and educational, and social services, museums, and galleries.
New Jersey Residential Site Improvements Standards.[7]
Any building or structure used for educational or instructional
purposes; such definition shall also include not only the physical
building or structure but also the organization conducting such education
or instruction therein, whether public or private, profit-making or
nonprofit.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
A structure containing separate, individual, or private storage
spaces of varying sizes, leased or rented on individual leases for
varying periods of time.
A person at least 62 years of age.
A building or buildings containing one or more dwelling units
restricted by deed or other instrument to occupancy of each dwelling
unit by a person or persons in any one of the following categories:
up to two individuals, both of whom are 62 years of age or older;
or a married couple, either one of whom is 62 years of age or older.
[Amended 9-12-2018 by Ord. No. 2018-14]
A dwelling area similar to those sometimes called a "mother-daughter"
apartment serving as a secondary living space for a relative or relatives.
At least one person living in the senior suite shall be 55 years of
age or older. The living space shall be connected with a door to the
remainder of the residence and may have separate kitchen appliances
installed pursuant to all applicable codes. The accessory apartment
must share a common entrance and may not have a separate exterior
entrance. The dwelling area shall be considered as an accessory apartment.
Any nonprofit organization or institution which:
Any person licensed under New Jersey law to operate a service
station or automobile facility or to dispense gasoline, or any person
who maintains or operates a facility to repair, maintain, service
or store motor vehicles, whether operable or inoperable.
The shortest straight line distance between a building or
structure and the nearest property line.
The Borough of Kenilworth or the Rahway Valley Sewerage Authority.
An accessory structure not attached to the principal building
and utilized for storage, designed and intended for storage of items
smaller in size than an automobile, with a maximum floor area of 100
square feet and a maximum height of 10 feet. Only one shed shall be
allowed per lot.
[Amended 8-14-2019 by Ord. No. 2019-09]
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.
A triangular-shaped portion of land established at street
intersections or street and driveway intersections in which nothing
is erected or allowed to grow in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
In the absence of any other applicable standard:
For street intersections, this triangle is created by establishing
points 30 feet from the point of intersection of each of two intersecting
right-of-way lines and connecting these two points with a straight
line to form a triangle; and
For driveway intersections, this triangle is created by establishing
points 10 feet from the point of intersection of a right-of-way line
and the line established by driveway edge and connecting those two
points with a straight line to form a triangle.
Any visible device, structure, or object or part thereof
or device attached thereto or painted or represented thereon for attracting
attention and giving information, or for visual communication, which
displays or includes any letter, word, model, banner, pennant, insignia,
mural, picture or artwork, device, representation or advertisement.
It shall also include those typically affixed to trucks or other commercial
vehicles for the purpose of advertising or announcing ownership or
the product or service offered by the owner or operator, and lighting
devices designed to attract attention. For the purposes of this chapter,
the term "sign" shall not include the flag, pennant, or insignia of
any nation, group of nations, state, city or political unit standing
or displayed or of any civic, charitable, religious, fraternal or
similar organization.
The total area, as measured in square feet, of a sign surface,
including all parts thereof devoted to the background, computed by
bounding the exterior of the sign structure or surface with a series
of straight or curved lines tangent thereto. The area of a sign painted
directly on a wall or awning and signs with letters attached directly
to walls or awnings shall be calculated by constructing an imaginary
series of straight lines or lines formed, bounded or characterized
by curves around the outside of all elements of the sign.
A sign which includes action, motion, or color changes, or
the optical illusion of action, motion, or color changes, including
signs set in motion by movement of the atmosphere, or made up of a
series of sections that turn.
A sign identifying an occupant of premises and his/her/its
activity.
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.
A temporary on-premises sign identifying the ongoing construction
activity during the time that a building permit is active and prior
to completion of the work for which the permit was issued, containing
sign copy that is limited to the ongoing construction activity and
identifying the contractor and/or any subcontractor engaged to perform
construction activity on the site.
A noncommercial on-site sign providing direction or information
to pedestrian or vehicular traffic that is related or reasonably necessary
to the movement of pedestrian or vehicular traffic on the premises
and not displaying a commercial message (e.g., "entrance," "exit,"
"caution," "no parking," "one way only," "no trespassing," and the
like).
Any sign located outside of a building or any sign located
within a building which is both visible from outside the building
and located within 12 feet of the window or door through which the
sign is visible.
A sign supported by structures or supports that are placed
on or anchored in the ground or at ground level and which are independent
of any building or other structure.
Any on-site temporary sign pertaining to the sale of personal
property in, at or upon any residentially zoned property located in
the Borough. Garage or yard sales shall include but not be limited
to all such sales, and shall include the advertising of the holding
of any such sale, or the offering to make any sale, whether made under
any name such as garage sale, lawn sale, yard sale, front yard sale,
back yard sale, home sale, attic sale, rummage sale, patio sale, flea
market sale, or any similar designation.
Any sign or portion thereof which is illuminated by artificial
light, either from an interior or exterior source, including outline,
reflective or phosphorescent light, whether or not the source of light
is directly affixed as part of the sign.
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.
A sign which permits light to be turned on or off intermittently
more frequently than once every 12 hours or which is operated in a
way whereby light is turned on or off intermittently more frequently
than once every 12 hours, including any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light emitting diode) or digital sign, and which varies in intensity
or color more frequently than once every 12 hours.
Any sign, symbol or device erected and maintained by a federal,
state, county, or local government agency for the purpose of informing,
guiding, or protecting the public.
A sign which calls attention to 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.
Any sign erected for the purpose of promoting the candidacy
of a person seeking public office, or promoting a position regarding
a matter of political interest, including pending legislation.
Any sign, banner, or poster that is not permanently attached
to the ground or structure. For purposes of this chapter, an inflatable
sign shall be considered a portable sign.
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.
A sign which may be displayed for a limited period of time,
as hereinafter provided.
A sign which is affixed to or painted on an exterior wall
of a building or structure.
Ownership of a single lot by one person or by two or more
persons owning such lot in any form of ownership. See also "common
ownership."
A building consisting of only one dwelling unit within said
building.
See "RSIS."
The lot in question.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including,
but not necessarily limited to, topography, vegetation, drainage,
floodplains, marshes and waterways.
The locations of all existing and proposed buildings, means
of ingress and egress, drives, parking spaces, walkways, landscaping,
signs, lighting and screening devices and drainage facilities and
utilities.
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of Part
2 requiring review and approval of site plans.
A concept, informal map of a proposed subdivision or site
plan of sufficient accuracy to be used for the purpose of discussion
and classification.
A governmental subdivision of the State of New Jersey, organized
in accordance with the provisions of N.J.S.A. 4:24-18 et seq., for
the purpose of governing the use of lands within the district in the
interest of conserving soil and soil resources and preventing and
controlling soil erosion. The Borough is located within the Somerset-Union
Soil Conservation District.
That portion of a building or structure included between
the surface of any one floor, exclusive of any basement, and the surface
of the floor next above it, or if there is no floor above it, then
that portion of the building or structure included between the surface
of any floor and the ceiling next above it. In a "split level" building
or structure, a story shall be considered a second story only if its
floor level is six feet or more above the floor of the level next
below it. A basement only shall be considered as a story 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.
An attic having within its space possible floor area with
headroom of five feet or greater over 60% or more of the story directly
beneath or when the line of intersection of the roof decking and wall
face is more than three feet above the top floor level. An attic story
should count as a full story.
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.
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or Borough roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action as provided by this chapter, or a street or way on a map or 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. "Street" also includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of Part 2 of this chapter, the Planning Board, with the advice of the Borough Engineer, shall classify the streets as follows:
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
DEAD-END STREETSThose used primarily for access to abutting properties, having a length not to exceed 1,000 feet, with only one outlet and a turnaround at the closed end.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
The outermost line of the whole area devoted to street purposes
on either side thereof and synonymous with street right-of-way line.
Front lot lines and side street lines are street lines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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. For the purposes of interpreting Part 3, "structure"
shall not include sidewalks, driveways, street pavements, curbs and
essential services as hereinbefore defined. "Structure" includes the
word "building."[8]
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or development, except that the following
divisions shall not be considered subdivisions, provided that no new
streets or roads are involved:
Divisions of land for agricultural purposes where the resulting
parcels are five acres or larger in size.
Division of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
A committee of at least three Planning Board members appointed
by the Chairperson of the Board for the purpose of reviewing subdivisions
and site plans and performing such other duties relating to land subdivision
and site plans as may be conferred on this Committee by the Board.
This Committee shall be appointed by the Chairperson as needed
to review major or complex projects.
A structure located either above ground or below ground and
inside or outside of a building having a water depth at any point
greater than three feet and a water surface area when full greater
than 100 square feet and designed and intended for recreational use
for swimming and/or diving. A minimum of 500 square feet and a maximum
of 750 square feet of any pool or 10% of total lot area, whichever
is less, shall not count towards impervious lot cover.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures
and the like and includes the structure and any support thereto.
More than two dwelling units each on separate lots arranged
with a common side line and side wall of the dwelling units within
the building.
Lot or lots which are the subject of a development application,
including contiguous portions of the street right-of-way.
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.
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.
Any deciduous or coniferous species which reaches a typical
mature height of 10 feet or more and a typical diameter at point of
measurement (DPM) of six inches or greater. Any species not qualifying
as a tree under this definition shall be considered a stem and shall
not fall within the purview of this chapter.
A vehicle properly registered and licensed by any state as
a motor vehicle, provided that the parking, loading or unloading of
said vehicle complies with all provisions of New Jersey law and this
chapter, and is not considered a mobile storage structure.
A use characterized by and limited to two dwelling units
in a building on a single lot.
United States Department of Transportation.[9]
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.
Includes "arranged, designed, constructed, rented, leased,
or intended to be used."
Permission to depart from the literal requirements of Part
3, Zoning, pursuant to the provisions of the Municipal Land Use Law,[10] and permission granted by formal action of the Board after
a hearing to depart from said standards. There are two types of variances,
"C" variances and "D" variances, as defined herein.
Any apparatus designed to directly sell goods and which receives
coins, tokens, electromagnetic purchasing cards or other commodity
in return for such goods, or accepts credit for such goods.
An aboveground or in-ground structure containing less than
three feet of water and intended to be used for recreational purposes.
Permission granted by formal action of the Board or its designee
to which such power has been delegated to depart from the requirements
of this chapter with respect to the submission of required documents
for completeness purposes and relief from other procedural requirements.
Design waivers are defined elsewhere herein.
An exterior, solid, upright structure which is self-supported
on the ground directly below it on a foundation whose length is much
greater than its thickness and intended to enclose, protect, divide,
or screen a space.
An exterior, solid, upright self-supporting structure having
a higher ground on one side than the other and designed and intended
to create a vertical or near vertical change in grade.
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.
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.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to, and under normal
circumstances does, support a prevalence of vegetation typically adapted
for life in saturated soil conditions, as defined by the NJDEP Freshwater
Wetland Protection Act regulations, N.J.A.C. 7:7A.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
A space located between a lot line and the nearest principal
building or structure on said lot. For purposes of compliance with
this chapter, dimensions of yards shall be measured perpendicular
to the lot line.
An open, unoccupied space facing a street to which the front
door, or the majority of front doors if more than one building, faces
and is between the front line of the house as it is extended to the
side lines and the street line. In addition, when the lot lines at
an intersection are rounded, the front lot line shall be measured
to the point of intersection of the extension of the front lot line
and street side lot line.
A space extending across the full width of any lot between
the rear of any principal building or structure on said lot and the
rear lot line.
A space located between the front yard and the rear yard
on a lot, and between the side lot line(s) and the nearest principal
building on said lot. On a corner lot, there shall be one side yard
and one street side yard.
A space on a corner lot between the front yard and rear yard
on the lot, and between the property line and the nearest principal
building on said lot.
A geographical unit of the Borough specifically set aside
for a particular use or group of uses or requiring specific lot dimensions
or land area.
Approval by the Zoning Officer pursuant to an application
for development or use or utilization of property on the physical
dimension of the development.
The Zoning District Map of the Borough, as set forth in this
chapter, together with all amendments thereto subsequently adopted.
An officer and employee of the Borough, appointed by the
Mayor with the consent of Council to administer this chapter.
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 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.
The regulations contained in Part 3 of this chapter.
[2]
Editor's Note: The original definition of "construction permit," which previously followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "building permit" within this section.
The definition of "construction sign," which previously followed
this definition, was revised to read "sign, construction" and relocated
in alphabetical order within this section.
[3]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: The original definitions of "principal building or structure" and "principal use," which previously followed this definition, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definitions of "building, principal" and "use, principal," within this section.
[7]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
[10]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
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