A.
As used in this chapter, the following terms shall have the meanings
indicated herein.
B.
ABANDONMENT
ACCESSORY USE OR STRUCTURE
ALTERATION OF BUILDING
APARTMENT
APPLICANT
APPLICATION FOR DEVELOPMENT
AUTOMOTIVE BODY SHOP
AUTOMOTIVE GASOLINE STATION
AUTOMOTIVE REPAIR GARAGE
AUTOMOTIVE SALES AND SERVICES
AUTOMOTIVE SALES LOT
AUTOMOTIVE SERVICE STATION
AWNING
BANK
BASEMENT
BILLBOARD
BOARD OF ADJUSTMENT
BUFFER
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
CANOPY
CAR WASH (AUTO LAUNDRY)
CERTIFICATE OF OCCUPANCY
CERTIFICATE OF USE
CHANGE OF USE
CHILD-CARE CENTER
CLUBHOUSE
CODE ENFORCEMENT OFFICER
COMMERCIAL VEHICLE
COMMUNITY RESIDENCE
COMPLETE APPLICATION
CONDITIONAL USE
CONSTRUCTION OFFICIAL
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
COURT
DAYS
DEVELOPER
DEVELOPMENT
DRIVE-IN RESTAURANT
DRIVE-THROUGH PICKUP AND DEPOSIT FACILITIES
DRIVEWAY
DWELLING UNIT
DWELLING UNIT DENSITY
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, SEMIDETACHED
DWELLING, TWO-FAMILY
EXISTING GRADE
FAMILY
FAMILY DAY-CARE HOME
FAST-FOOD RESTAURANT
FLOOR AREA RATIO
FLOOR AREA, GROSS
FLOOR AREA, NET
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGED
GARDEN APARTMENTS
GRADE, FINISHED
GRADING
HALF STORY
HOME OCCUPATION
HOTEL, MOTOR HOTEL or MOTEL
HOUSEHOLD
IMPERVIOUS SURFACE
LAND
LAND USE ADMINISTRATOR
LANDSCAPED AREA
LIGHT INDUSTRIAL
LOT
LOT AREA
LOT COVERAGE
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
LOT, CORNER
LOT, INTERIOR
LOT, THROUGH
MASTER PLAN
MUNICIPAL AGENCY
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFF SITE
OFF-TRACT
OFFICIAL COUNTY MAP
OFFICIAL MAP
ON SITE
ON-TRACT
OPEN SPACE
OPEN SPACE, COMMON
OPEN SPACE, GREEN
OPEN SPACE, PUBLIC
OWNER
PARKING AREA, PRIVATE
PARKING AREA, PUBLIC
PARKING FACILITY
PARKING, SHARED
PERFORMANCE GUARANTY
PERFORMANCE STANDARDS
PERMIT
PERMITTED USE
PERSON
PERSONAL SERVICE ESTABLISHMENT
PLANNING BOARD
PLAT
PRINCIPAL BUILDING
PUBLIC USE
RESIDENTIAL DENSITY
RESIDENTIAL PROFESSIONAL OFFICE
RESIDENTIAL STORAGE BUILDING
RESTAURANT
RETAIL SALES
ROOMER
ROOMING HOUSE
SIGN
SINGLE OWNERSHIP
SITE
SITE PLAN
SITE PLAN, MAJOR
SITE PLAN, MINOR
(1)
(a)
(b)
(c)
(d)
(2)
SOLAR ENERGY SYSTEM
SOLAR PANELS
STORY
STORY ABOVE GRADE
STREET
STRUCTURE
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
TOWNHOUSE
TRANSCRIPT
USE
USE, PRINCIPAL
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD
ZONING DISTRICT
ZONING MAP
ZONING PERMIT
Where certain words or phrases are not defined below, their meanings
shall be as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.).
The relinquishment of property or cessation of the use of
the property, by the owner or lessee without any intention of transferring
property rights to another owner or of resuming the use of the property.
A use or structure subordinate to and customarily incidental
to the principal use or structure on the same lot. When an accessory
building is attached in a substantial manner by a wall or roof to
a principal building or structure, it shall be considered a part thereof.
Any change in the supporting members of a building, bearing
walls, columns, beams, or girders, except such changes as may be required
for safety, any changes in the roof or exterior walls, or any addition
to or diminution of a building, including the addition, modification,
removal or replacement of exterior elements, including changes in
door or window locations, but not including alternations which affect
primarily the appearance of the structure. Also any change in use
from one zoning classification to another or the relocation of a structure
from one site, location, or position to another.
See "dwelling, multifamily."
Person, partnership, corporation or public agency submitting
an application for development.
The application form and all accompanying documents required
for approval of a subdivision plat, site plan, planned development,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to this chapter.
Any establishment providing auto body repair and painting.
Any establishment servicing motor vehicles with fuel and
oil but not including repairs, changing tires or any other replacement
of accessory parts.
Any establishment servicing motor vehicles with supplies
and accessories, oil, lubrication, major repair services, vehicle
parts sales, wrecker and hauling services and heavy repair requiring
engine or drivetrain dismantling. Whenever trucks or heavy equipment
are repaired even for oil changes, lubrication, minor tune-ups, installation
of batteries, tires, wiper blades and similar minor repairs, the establishment
shall be considered to be a repair garage.
Any establishment selling motor vehicles new and used, supplies
and accessories, and including service and repair facilities.
Any establishment with space for the sale and storage of
new or used motor vehicles, but not including the dispensing of gasoline
and fuel, service or repairs.
Any establishment servicing motor vehicles with fuel and
oil and which provides repairs, changing of tires or any other replacement
of accessory parts.
A roof-like covering of canvas or cloth attached to a metal
or other frame, which is attached to the exterior wall of a building.
A financial organization that provides direct banking services
including, but not limited to, walk-up tellers, accessory drive-through
areas and automatic teller machines; also includes fiduciary institutions.
With reference to occupancy or use and to regulate the height
and bulk of buildings, the portion of a building in which the ceiling
averages less than four feet above the finished grade where such grade
meets the outside walls of the building, which shall not be considered
a story and habitable.
A freestanding sign structure and/or sign which directs attention
to and/or provides advertising for a business, commodity, service
or entertainment which is conducted, sold or offered at a location
other than the premises on which the sign is located. A billboard
may also direct attention to and provide information regarding noncommercial
and/or nonprofit organizations or messages where the noncommercial
and/or nonprofit organization is not located on the premises on which
the sign is located.
[Added[1] at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Zoning Board of Adjustment for the Borough of Roselle.
An area consisting of trees, shrubs, solid fencing or a combination
of all, so installed as to provide both a visual and an acoustical
barrier between properties. Solid fencing may be substituted to meet
only part of the requirement and must be supplemented with planting.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
That area of a lot or site which is occupied or proposed
to be occupied by a building. (See also "lot coverage" and "open space.")
The vertical distance between the average grade along all
exterior foundation walls of a building, which grade shall be substantially
unchanged from the natural grade existing at the time of a development
application submission and the top of a structure or the highest point
of the roof surface of a building.
Any licensed person or entity that is engaged in propagation,
germination, planting, growing, harvesting, drying, curing, and processing
of cannabis, and is owned and controlled by a license holder that
holds a Class 1 Cannabis Cultivator license under the P.L. 2021, c.
16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act."
[Added 6-15-2022 by Ord. No. 2686-22]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. "Cannabis delivery services" refers to those uses
that require possession of a Class 6 Cannabis Delivery license.
[Added 7-21-2021 by Ord.
No. 2659-21]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. Cannabis distributors refer to those uses that require
possession of a Class 4 Cannabis Distributor license under the P.L.
2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act."
[Added 7-21-2021 by Ord.
No. 2659-21]
A cannabis cultivator, delivery service, distributor, manufacturer,
retailer, and/or wholesaler.
[Added 7-21-2021 by Ord.
No. 2659-21]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Cannabis manufacturers refer to those uses that require a Class 2
Cannabis Manufacturer license under the P.L. 2021, c. 16, known as
the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act."
[Added 7-21-2021 by Ord.
No. 2659-21]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. Cannabis
retailers refer to those uses that require possession of a Class 5
Cannabis Retailer license under the P.L. 2021, c. 16, known as the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act." This includes medical cannabis alternative treatment
centers. A cannabis retailer shall possess prior to commencing operations
a permit or permit endorsement issued by the State of New Jersey that
authorizes the dispensation or sale of cannabis or cannabis-derived
or infused products.
[Added 7-21-2021 by Ord.
No. 2659-21]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. Cannabis wholesalers refer to those uses that require of
a Class 3 Cannabis Wholesaler license under the P.L. 2021, c. 16,
known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act."
[Added 7-21-2021 by Ord.
No. 2659-21]
Any structure, in a fixed position, other than an awning
or marquee, which provides a roof-like shelter (e.g., gas station
canopy).
A building or structure or portion thereof where vehicles
are washed or cleaned with the use of a mechanical device. A car wash
shall also include what is commonly known as an "auto detail shop."
A certificate issued by the Building Inspector upon completion
of the construction of a new building or upon a change in the use
of a building which certifies that all requirements of this chapter,
or such adjustments thereof which have been granted by the Board of
Adjustment or the Planning Board, and all other applicable requirements,
have been complied with.
Indicates that as a result of a general inspection of the
visible parts of the building, no violations have been determined
to have occurred and no unsafe conditions have been found and that
the existing use of the building has heretofore lawfully existed.
Any use that substantially differs from the previous use
of a building or land.
Any facility which is maintained for the care, development
or supervision of six or more children under six years of age who
attend for less than 24 hours per day and which is licensed by the
New Jersey Department of Human Services.
A building or portion thereof owned or operated by a corporation,
association, person or persons for civic, social, cultural, educational
or recreational purposes, operated for the benefit of its members
and not open to the general public.
The Zoning Officer of the Borough.
Any commercially registered vehicle except a passenger car.
Vehicles normally associated with a commercial use, but not registered
for commercial use, shall be deemed "commercial vehicles."
Facility licensed pursuant to P.L. 1977, c.448 (N.J.S.A.
30:11B-1 et seq.) providing food, shelter and personal guidance under
such supervision as required, to no more than 15 developmentally disabled
or mentally ill persons, who require assistance, temporarily or permanently,
in order to live in the community, and shall include, but not be limited
to group homes, halfway houses, intermediate care facilities, supervised
apartment living arrangements, and hostels. Such a residence shall
not be considered a health care facility within the meaning of Health
Care Facilities Planning Act, P.L. 1971, c. 136(N.J.S.A. 26:2H-1 et
seq.)
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat, provided that the municipal agency may require
such additional information not specified in this chapter or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency. An application shall be certified as complete immediately
upon the meeting of all requirements specified in this chapter and
in the rules and regulations of the municipal agency and shall be
deemed complete as of the day it is so certified by the administrative
officer for purposes of the commencement of the time period for action
by the municipal agency.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
by the Planning Board.
The chief administrative construction official for the Borough
of Roselle.
A composite of the plan for the physical development of Union
County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Union County Planning Board.
Any open, unoccupied area which is bounded by three or more
building walls.
Calendar days.
The legal or beneficial owner or owners of a lot of any land
included in a proposed development, including the holder of an option
or contract to purchase, or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land or extension of use of
land, including alteration to a site, for which permission is required
pursuant to this chapter.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption of the same takes place or is designed
to take place outside the confines of the building in a motor vehicle
or on the site.
An establishment that, by design, physical facilities, service,
or by packaging procedures encourages, or permits, customers to receive
service or obtain goods while remaining in their motor vehicle.
A private right-of-way providing access for motor vehicles
to a garage, dwelling, or other building from a street or other right-of-way.
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
The average number of dwelling units per acre of ground in
a given location or area.
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling.
A building on one lot, containing separate living units for
two or more families, having separate or joint entrances, and including
apartments, group homes, townhomes and condominiums.
A building containing one dwelling unit for one family or
one housekeeping unit.
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall.
A building containing two dwelling units for not more than
two families or two housekeeping units that are vertically or horizontally
separated.
The vertical location of the ground surface prior to excavating
or filling.
Any number of persons maintaining a nonprofit household.
A "family" shall include foster children placed with a family by the
State Division of Youth and Family Services or a duly incorporated
child care agency but shall not include roomers or members of a fraternity
or sorority. (See also "household.")
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day-care in which child-care services are regularly provided
to no more than five children for no less than 15 hours per week.
Family day-care services shall be considered an accessory use. A child
that is legally related to the provider shall not be included in the
total number of children receiving child-care services.
The fast-food restaurant, which may or may not have tables,
but which is essentially designed to dispense quick, ready-made food
of limited variety. The patron obtains food directly from the dispensing
counter for consumption on or off such premises. The term "fast-food
restaurant" shall include drive-in restaurant unless the section of
the ordinance provides otherwise.
The ratio of the gross floor area of all buildings on a lot
to the lot area.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls
but not including areas devoted exclusively to off-street parking
and loading space for motor vehicles or any space where the floor-to-ceiling
height is less than seven feet.
Gross floor area minus 15%.
A building or structure used primarily for the storage of
one or more vehicles of any person, whether or not the owner of such
vehicle is the occupant of the principal building; and not more than
one commercial vehicle may be garaged. Any garage other than a private
garage is a public garage.
A building or structure used in conjunction with a business
or service; where the principal use is nonresidential in nature.
To be stored or parked entirely within the perimeter walls
of a garage, with the doors closed except for purposes of ingress
and egress.
A building, not more than two stories and 40 feet in height,
as measured from the average level of the ground immediately adjacent
to the base of the structure to its highest point exclusive of chimney
or tower, on one lot containing three or more separate dwelling units,
and sharing joint utility services or facilities, or both; designed
for the rental or sale of the individual units and having common open
space.
The final grade or elevation of the ground surface conforming
to the proposed design.
Any stripping, culling, filling, stockpiling or any combination
thereof, including the land in its cut or filled condition.
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with head room of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
Any use conducted entirely within a dwelling and carried
on by the occupants thereof, which use is clearly incidental and accessory
to the use of the dwelling for dwelling purposes and in connection
with which there is no display, no stock-in-trade nor commodities
sold upon the premises, unless the commodities sold is clearly secondary
to and identified with the permitted occupation.
A building designed for occupancy as a temporary residence
of one or more persons who are lodged with or without meals.
A family living together in a single dwelling unit with common
access to and common use of all living and eating areas and all areas
and facilities for the preparation and storage of food within the
dwelling unit.
Any material which generally reduces or prevents absorption
of stormwater into previously undeveloped land. Retention and detention
basins and dry wells allowing water to percolate directly into the
ground shall not be considered as "impervious surfaces."
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
The administrative officer of the Planning Board and of the
Zoning Board. It shall be the duty of the Land Use Administrator to
process all applications from both boards and to perform all other
administrative functions for each board. Each board shall have a secretary
who shall attend all meetings and maintain minutes for each board,
but all other administrative functions shall be performed by the Land
Use Administrator.
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams or any other areas or features
which can be reasonably included, but shall not include areas occupied
by buildings or structures, paving for parking, loading or access
thereto, required buffers or areas utilized for outside storage.
Those fields of economic activity including construction,
light manufacturing, warehousing and wholesale trade.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The computed area contained within the lot lines, but not
including any street rights-of-way.
That portion of one lot or more than one lot which is improved
or is proposed to be improved with the buildings and structures, including
but not limited to driveways, parking lots, pedestrian walkways, signs
and other man-made improvements on the ground surface which are more
impervious than the natural surface. (See also "building coverage"
and "open space.")
A line of record bounding a lot.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line, or the point at which the side lot lines meet. On corner lots,
there shall be only one rear lot line.
Any lot line other than a front or rear lot line.
The distance between the side lot lines measured at the building
setback line.
A parcel of land either at the junction of and abutting on
two or more intersecting streets, or abutting a single street at the
point where the road tangents deflect by more than 45°.
A parcel of land other than a corner lot.
An interior lot which extends from one street to another.
A composite of one or more written or graphic proposals for
the development of the Borough prepared and adopted pursuant to the
Municipal Land Use Law.
Either the Borough Planning Board or the Zoning Board of
Adjustment, depending on which Board has reviewing authority.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, 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 structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Located outside of the lot lines of the lot in question but
within the property of which the lot is a part which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
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.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the Municipal Land Use Law,
or any prior act authorizing such adoption, which map shall be deemed
conclusive with respect to the location and width of the streets,
public parks and playgrounds and drainage rights-of-way shown thereon.
Located on the lot in question.
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 of area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
area may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An open-space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An area not occupied by structures or impervious surfaces.
An open space area conveyed or otherwise dedicated to the
Borough or an agency thereof, Board of Education, state or county
agency or other public body for recreational and conservation uses.
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Any open area, including parking spaces, driveways and access
aisles or other public way, used for the temporary storage of automobiles
and other permitted vehicles for the private use of the owners or
occupants of the lot on which the area is located.
Any open area, including parking spaces, driveways and access
aisles, other than a street or other public way, used for the temporary
storage of automobiles and other permitted vehicles and available
to the public, with or without compensation or as an accommodation
for clients, customers and employees.
Any public or private parking area or garage.
Joint use of a parking space for more than one use, where
parking spaces are used at different times by different uses.
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
The maximum emission level that a nuisance element is permitted
under this chapter.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Any business use that provides services to an individual,
or group of individuals, such as barbershops, dry cleaning establishments,
beauty salons, travel agencies and substantially similar type uses,
and does not provide goods for retail sale or consumption.
Borough of Roselle Planning Board.
A map or maps of a subdivision.
A building in which the main or principal use of the lot
is conducted on which said building is located.
Any use of land or structure thereon which is owned and used
by the federal, state, county or local government. "Public use" shall
also include property not owned by the municipality, but leased or
used for municipal purposes.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
A room or group of rooms within a privately owned residence
that are used for conducting the affairs of the homeowner's licensed
profession. Licensed professions include, but are not limited to,
accountants, architects, attorneys, doctors and engineers.
An accessory building that is exclusively used by the occupant
of the principal building to which it is incidental, and contains
items customarily associated with residential use such as personal
items, lawn mowers, tools and hardware.
An establishment, in which food or drink is prepared, served
and consumed within the principal building.
An establishment where goods are sold directly to the consumer
for personal household use, with or without processing on the premises
for such retail sale, but excluding the processing, repair or renovating
of furniture, bedding or fixtures. In no instance shall bars, service
stations or drug rehabilitation centers be considered retail sales.
A person other than a member of a family occupying a part
of any dwelling unit who, for a consideration, is furnished sleeping
accommodations in such dwelling unit and may be furnished meals as
part of this consideration.
Any dwelling or part thereof, in which space is let by the
owner or operator to three or more persons who are not members of
the family. Same as "boardinghouse."
A name, identification, description, display or illustration
which is affixed to or represented directly or indirectly upon a building,
structure or piece of land, directing attention to a product, business,
service or individual. However, a "sign" shall not include a display
of official, court or public notices or any official traffic control
device and shall not include the flag, emblem or insignia of a nation,
state, county, municipality or religious group. A "sign" shall not
include a sign located completely within an enclosed building except
if it is visible and directed to be seen from outside the building.
Each display surface of the sign shall be considered to be a single
"sign," except that where two such surfaces of a sign are physically
attached, parallel and separated by less than 12 inches, the two surfaces
shall be considered a single "sign."
Ownership by one or more persons in any form of ownership
of a lot not adjacent to a lot or lots partially or entirely in the
same ownership.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown
1) the existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; 2) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting screening devices; and 3) any other information
that may be reasonably required in order to make an informed determination
as to approval of the plan by the Planning Board adopted pursuant
to N.J.S.A. 40:55D-37 et seq.
Any site plan not classified as a minor site plan.
A development plan of one or more lots which involves:
The expansion of a driveway or parking lot by no greater than
two parking spaces or 500 square feet in area;
Occupancy or change of use of a structure, building or land;
Increase in gross floor area of less than 5% of the existing
floor area or 500 square feet, whichever is smaller; or
Addition of a permitted accessory building, structure or use
no larger than 500 square feet in floor area.
Furthermore, the development plan does not involve planned development,
any new street or extension of any off-tract improvement. However,
the development plan must contain the information reasonably required
in order to make an informed determination as to whether the requirements
established by ordinance of approval of minor site plan have been
met.
A solar energy system and all its associated equipment that
convert solar energy into usable electrical energy through the use
of solar panels.
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above it.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade when the distance from the grade to the finished surface of
the floor above the basement is more than six feet for more than 50%
of the total perimeter or more than 12 feet at any point.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved by law or which
is approved by official action as provided by law or which is shown
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas
and other areas within the street lines. For the purposes of this
chapter, "streets" shall be as classified in the Master Plan.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of land or water.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered "subdivision" within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairperson to be for agricultural purposes, where
all resulting parcels are five acres or larger in size; divisions
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; the conveyance of one or more adjoining lots, tracts or
parcels of land owned by the same person or persons, provided that
all of the above are found and certified by the administrative officer
to conform to the requirement of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the Borough. The term "subdivision" shall
also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of not more than two
lots, provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to this chapter.
An attached or semidetached dwelling with two direct means
of access from the outside and having separate cooking, sleeping and
sanitary facilities, and separate facilities for sewerage, heating,
water, electric and gas.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The purpose for which land or structure(s) is arranged, designed
or intended or for which either land or structure(s) is or may be
used, occupied or maintained.
The main or primary purpose or purposes for which land and/or
structure(s) or use therefor is designed, arranged or intended or
for which they may be occupied or maintained under this chapter. All
other structures or uses on the same lot and incidental or supplementary
thereto and permitted under this chapter shall be considered accessory
uses.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-60, 40:55D-40b and/or 40:55D-70c
and d.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line, unoccupied and unobstructed
from the ground upward except as permitted in this chapter.
A space extending the full width of the lot between any building
and the front lot line, and measured perpendicular to the building
at its closest point to the front lot line. Said "front yard" shall
be unoccupied and unobstructed from the ground upward except as may
be permitted elsewhere in this chapter.
A space extending across the full width of the lot between
the principal building and the rear lot line measured perpendicular
to the building at its closest point to the rear lot line. Said "rear
yard" shall be unoccupied and unobstructed from the ground upward
except as may be permitted elsewhere in this chapter.
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
to the side lot line at its closest point to the principal building.
Said "side yard" shall be unoccupied and unobstructed from the ground
upward except as may be permitted elsewhere in this chapter.
The Zoning Board of Adjustment as established in this chapter.
A finite area of land, as designated by its boundaries on
the Zoning Map, throughout which specific and uniform regulations
govern the use of land and/or the location, size and use of buildings.
The map annexed to and made part of this chapter, indicating
zoning districts.
A document signed by the Zoning Officer which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building; and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom.
