[1969 Code § 88-7; Ord. No. 1978-6; Ord. No. 79-4; Ord. No. 80-2; Ord. No.
83-3; Ord. No. 91-10; Ord. No. 96-5; Ord. No. 96-16; Ord. No. 01-6; Ord. No. 01-8; New; Ord. No. 06-24; Ord. No.
07-7; Ord. No. 09-9; Ord. No. 10-06; Ord. No. 11-05 § 2; Ord.
No. 2015-12; Ord. No. 2017-22]
For the purpose of this chapter, the following words and phrases
shall have the following construction:
Words used in the present tense shall include the future; the
singular number shall include the plural and the plural the singular;
the word "person" includes "individuals, firms, partnerships and corporations";
the word "lot" includes the word "plot"; the word "building" includes
the word "structure"; the word "shall" is mandatory and not discretionary;
the word "zone" includes the word "district"; the word "occupy" or
"used" shall be considered as though followed by the words "or intended,
arranged or designed to be used or occupied."
Shall mean a subordinate building customarily incidental
to the use of the main building upon the same lot.
Shall mean a use customarily incidental to the principal
use of a building, such as an office of a professional person or a
private garage.
Shall mean:
Shall mean an establishment permitting the serving of food
or beverages to the public in conjunction with adult entertainment.
Shall mean an establishment offering as a substantial portion
of its stock-in-trade books, magazines, publications, video or audio
tapes or films, or computer disks, computer games, CD ROMs, DVDs and
other media of an explicitly sexual nature or anatomical genital areas.
Adult entertainment shall also include the following:
An establishment providing live adult entertainment, including
sexually explicit dancing.
The showing of films or videos of a sexually explicit nature
or anatomical genital areas.
An establishment having as a substantial or significant portion
of its services to the public the exhibition of male or female individuals
to the general public, exhibiting or depicting said models displaying
sexual activities, sexual conduct, or specified anatomical areas of
said models, as defined further in this section.
Shall mean any business that offers for sale or rent, devices,
implements, and other sexual paraphernalia which is designed to sexually
stimulate.
Shall mean an establishment from which minors are excluded,
having as a substantial stock-in-trade films, videos, movies or other
viewing materials which are distinguished or characterized by their
emphasis on matters depicting, describing or related to specified
anatomical areas or specified sexual activities, as defined herein,
or an establishment in which a segment or section of the premises
is devoted to the sale, rental, display or viewing of such material.
Shall mean, as applied to a building or structure, a change
or rearrangement in the structural parts in the existing facilities
or an enlargement, whether by an extension of a side, an increase
in height or a move from one location or position to another.
Shall mean a portion of a building consisting of a room or
group of rooms used as a dwelling for a family, and set apart as a
separate unit from other units or portions of a building.
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
conditional use, zoning variance or direction of the issuance of a
building permit.
Shall mean:
Any establishment, room, or place where more than five coin-operated amusement devices are available to the public as defined in Subsection 4-14.3.
Any establishment, room, or place where more than five coin-operated
amusement devices are available to the public, and which derives more
than 50% of its gross revenues in Elmwood Park from coin-operated
amusement devices.
Shall mean detailed architectural floor plans, elevations
drawn to scale by a professional registered architect of the State
of New Jersey. Sectional drawings, details, or perspective drawings
may also be required as part of the architectural plans in special
cases.
Shall mean an area partly underground but having at least
1/2 of its clear ceiling height above the average finished grade level
at the foundation. A basement shall be considered as a story if used
for dwelling or business purposes.
Shall mean an area bounded by any of the following or any
combination thereof: a. streets or highways; b. railroad right-of-way;
c. park boundary line; d. Borough boundary line; e. boundary line
created by ordinance.
Shall mean any structure having a roof supported by columns,
posts, piers or walls including tents, lunch wagons, trailers, dining
cars, camp cars, or other structures on wheels, or having other supports
and any unroofed platform, terrace or porch having a vertical face
higher than three feet above the level of the ground from which the
height of the building is measured.
Shall mean the total areas of outside dimensions on a horizontal
plane at ground level of the principal building exclusive of projecting
eaves, overhangs, chimneys, bay windows, balconies, open fire escapes
and the like as well as all accessory buildings, decks, porches and
stairways. Sheds of 100 square feet or less shall be excluded from
the calculations of such building area.
Shall mean the vertical dimension measured from the average
elevation of the finished lot grade at the front of the building to
be measured from the curbline to the highest point of ceiling to the
top story in the case of a flat or shed roof, to the deck line of
a mansard roof and to the average height between the plate and ridge
of a gable, hip and gambrel roof.
See Construction Official.
Shall mean a line formed by the intersection of a horizontal
plane at average grade level and a vertical plane that coincides with
the exterior surface of the building on any side. In the case of a
cantilevered or projected section of a building, the vertical plane
will coincide with the most projected surface. All yard requirements
are measured to the building line.
Shall mean 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 State Uniform Construction Code
and this chapter and any amendments thereof.
Shall mean a line taken from any structure measured from
the furthest protrusion of a building other than the main structure
roof to the nearest property line exclusive of front and rear platforms
and unroofed entrances and platforms which extend into setback areas
of not more than five and 5.5 feet and have a maximum area of 32 square
feet If the platform or unroofed entrance exceeds 32 square feet or
extends more than five and 5.5 feet, the entire area will be considered
a part of the structure and cannot extend into the setback line. Open
staircases are not to be included in consideration of the setback
line.
Cannabis delivery services are hereby prohibited from operating
anywhere in the Borough of Elmwood Park, except for the delivery of
cannabis items and related supplies by a licensed cannabis delivery
service based and initiated from a cannabis delivery service licensed
location outside of the Borough of Elmwood Park.
[Added 8-19-2021 by Ord.
No. 21-13]
A cannabis supplier or cannabis retailer as defined herein.
[Added 8-19-2021 by Ord.
No. 21-13]
A State-regulated cannabis retailer that purchases or otherwise
obtains usable cannabis and cannabis items from a cannabis cultivator,
processors, wholesalers, or distributor and sells same to consumers
from a retail establishment. Cannabis retailers may use a cannabis
delivery service or a certified cannabis handler for off-premises
delivery of cannabis products or items related to consumers. A Cannabis
Retailer shall possess prior to commencing operations a Class 5 license
for retail sales of Cannabis from the State of New Jersey.
[Added 8-19-2021 by Ord.
No. 21-13; amended 3-17-2022 by Ord. No. 22-04]
A State-regulated cannabis cultivator, processor, wholesaler,
or distributor which shall possess prior to commencing operation a
Class 1, 2, 3, or 4 permits or permit endorsement issued by the State
of New Jersey that authorizes such establishment to cultivate process,
wholesale, or distribute cannabis.
[Added 8-19-2021 by Ord.
No. 21-13]
Shall mean an area partly underground having more than 1/2
of its clear ceiling height below the average finished grade level
at the foundation.
Shall mean a certificate, issued by the Construction Official
and enforced by the Zoning Officer upon completion of the construction
of a new building, upon a change or conversion of the structure or
use of a building or change in occupancy of multi-family, commercial
or industrial uses, which certifies that all requirements and regulations
as provided herein and within all other applicable requirements have
been complied with.
Shall mean any amusement machine or device operated by means
of the insertion of a coin, token, or similar object for the purpose
of amusement or skill and for the playing of which a fee is charged.
It shall include devices such as pinball machines or any device which
utilizes a video tube to reproduce symbolic figures and lines intended
to be representatives of real games or activities. "Coin-operated
amusement device" does not include vending machines in which are not
incorporated gaming or amusement features, nor does the term include
any coin-operated mechanical musical device.
Shall mean a building or space used as an accessory to an
apartment house, and provided for the storage of motor vehicles only.
Shall mean 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 specified in this chapter.
Shall mean one that does conform with the regulations herein
made for the district in which such building, lot or use is located.
Shall mean the officer charged with the administration and
enforcement of the Uniform Construction Code.
Shall mean a parcel of land at the junction of and fronting
on two intersecting streets.
Shall mean the ratio of the total building area, as "building
area" is heretofore defined above, to the total area of the lot, expressed
as a percent.
Shall mean any outdoor raised platform on a dwelling creating
an area used for walking, sitting, eating or any other outdoor activities
with steps leading down to the ground, located in the rear of the
dwelling, is uncovered and having a maximum surface area of 200 square
feet. The percentage area of any deck which exceeds the maximum surface
provision of this definition shall be included in the total lot area
covered by the main building.
Decks placed at the same level as the finished first floor elevation
and less than six feet above the lowest ground surface along the perimeter
of the platform, shall be permitted on residential dwellings subject
to compliance with the following provisions:
Decks placed above the finished first floor elevation or more
than six feet above the lowest ground surface along the perimeter
of the platform, shall be permitted on residential dwellings subject
to compliance with the following provisions:
Shall mean 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.
Shall mean 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 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, for which
permission may be required pursuant to this chapter.
Shall mean a retail business or establishment engaged in
the sale of food, soft drinks, ice cream or similar confections which
are so prepared, packaged in paper or other types of disposable wrappers
or containers, and served at counters either inside or outside the
confines of a building, or to persons in motor vehicles, so as to
be intended for immediate consumption by persons either seated or
standing, either within or outside the building or in motor vehicles,
except that this definition shall not include stores selling confections
as an incidental item.
Shall mean any area of ground covered with any impervious
material such as paving blocks, asphalt, concrete, or stone and specifically
designated for the conveyance and/or parking of motor vehicles.
Shall mean a building used only for permanent habitation
by one or more families. The term shall not include hotel, motel,
rooming house, hospital, or other accommodation used for transient
lodging.
Shall mean a building or portion thereof having housekeeping
facilities for one family.
Shall mean a dwelling containing three or more dwelling units.
Shall mean a detached dwelling, other than a stationary trailer
or mobile home, containing only one dwelling unit.
Shall mean a single-family dwelling unit attached by no more
than one common wall to another single-family dwelling unit.
Shall mean one of a series of from three to 10 attached dwelling
units separated from one another by continuous vertical walls without
openings from basement floor to roof, and having diversified architectural
facades or treatment of materials on both front and rear of the group,
with not more than four of any 10 abutting townhouses having the same
architectural facades and treatment of materials, and with not more
than three abutting townhouses having the same front and rear setbacks.
Shall mean a detached dwelling containing two dwelling units.
Shall mean 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 an official Borough record, i.e. an approved subdivision plat,
official map, or tax assessment map), of underground or overhead electrical
and communication systems; gas, steam or water transmission, distribution,
or supply systems, sewerage and other collection and disposal systems;
and traffic control and fire and police protection systems; including
all equipment, accessories and appurtenances in connection therewith.
Shall mean one or more persons, related by blood, marriage
or adoption; foster or other children placed by the New Jersey Department
of Institutions and Agencies or a duly incorporated child care agency
pursuant to law; or not more than five unrelated persons having a
domestic bond, occupying a dwelling unit and living as a single, nonprofit
housekeeping unit.
Shall mean an establishment or business, which is essentially
designed to dispense a limited variety of food and beverages, which
are so prepared, packaged in paper, or in other types of disposable
wrappers and containers in a form for quick or ready consumption.
The aforementioned may or may not be sold for consumption inside the
building or on or off the premises.
[Ord. No. 14-06 § 1]
Shall mean the ratio of the gross floor area of the principal
building to the total lot area.
Shall mean the sum of the areas of the several floors of
a building, including areas used for human occupancy in basements,
attics, and penthouses, as measured from the exterior faces of the
walls. It does not include cellars, unenclosed porches, or attics
not used for human occupancy or any floor space in accessory buildings
or in the main building intended and designed for the parking of motor
vehicles in order to meet the parking requirements of this chapter,
or any such floor space intended and designed for accessory heating
and ventilating equipment.
Shall mean an open unoccupied space on the same lot with
the main building, situated between the street line of the lot and
the parts of the building setting back and nearest to such street
line, and extending to the side lines of the lot. Uncovered porches,
platforms or landings which do not extend above the level of the first
floor of the building may extend into any front yard a combined area
of not more than 42 square feet of such front yard, and in no case
more than three feet in height above grade, otherwise, the percentage
area of such uncovered porch, platform or landing shall be included
in the total lot area covered by the main building.
Shall mean the width of a lot measured at the street line
(either existing or proposed public street occupied by the Borough)
to be not less than 2/3 of the lot width as defined herein.
Shall mean an accessory building used for the storage of
motor vehicles, but not conducted as a business or for profit.
Shall mean a building devoted to the business of repairing,
storing and servicing of motor vehicles and does not permit or license
the storing or parking of vehicles for a fee or the leasing of any
parking space or area.
Shall mean a dwellings or group of dwellings on one plot
and in a single ownership, not more than 2 1/2 stories or more
than 35 feet high, designed and used solely for dwelling purposes
by families occupying separate apartments or suites of rooms, and
not more than two families using a common entrance or hallway. Not
less than 50% of the apartments in each unit must have three walls
each exposed at least 75% to give cross ventilation, and the remainder
of the apartments in each unit must have two walls fully exposed to
give through ventilation.
Shall mean a building or lot or part thereof supplying and
selling gasoline or other equivalent fuel for motor vehicles at retail
direct from pumps and storage tanks and which may include accessory
facilities for rendering services such as lubrication, washing and
minor repairs.
Shall mean any area of a lot open to the sky and covered
with grass, shrubs, plants, trees, or organic mulch allowing free
absorption of surface water into the ground.
Shall mean an occupation or profession which is carried on
within a dwelling or in a building accessory to such dwelling and
which:
Is carried on by a member or members of the family residing
in the dwelling.
Is clearly incidental and secondary to the use of the dwelling
for residential purposes, occupying not more than 1/3 of the floor
area of said dwelling, or equivalent space in an accessory building.
Not more than one person outside the family shall be employed.
There shall be no exterior display or storage of materials beyond
that permitted by this chapter.
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Under this chapter, a home occupation or home professional office
includes, but is not limited to the following: professional office
of a physician, dentist, lawyer, engineer, architect, or accountant;
art studio; dressmaking; and tutoring. Uses such as barber and beauty
shops, real estate offices, restaurants; radio and television repair,
and welding and equipment repair are not interpreted as home occupations
or home professional offices under this definition.
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Shall mean a building containing rooms intended or designed
to be used or which are used, rented or hired out to be occupied or
which are occupied for sleeping purposes by guests and where only
a general kitchen and dining room are provided within the building
as an accessory use.
Shall mean any area of ground covered with a building roof
or any material such as asphalt or concrete, restricting ground absorption
of surface water.
Shall mean the area of a lot covered by impervious surfaces
such as structures, paved surfaces, concrete, patios, walkways, stairs,
stoops, pools, pavers, patio blocks, gazebos, decks and retaining
walls required for below grade entrances and garages. Retaining walls
required by the terrain shall not be included.
Shall mean a group of industrial establishments built on
one tract that is planned, developed, owned and managed as an operating
unit. The industrial establishments may be located in one or several
buildings, attached or separated.
Shall mean any lot or parcel or part thereof, with or without
buildings, used for:
The abandonment, storage, keeping, collecting, or bailing of
paper, rags, scrap metal, other scrap, debris, or discarded materials;
or
The abandonment, storage, dismantling, demolition or salvaging
of automobiles or other vehicles not in running condition or unusable
machinery, or parts thereof.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
Shall mean a component of the Master Plan:
Taking into account any other Master Plan elements and natural
conditions;
Showing the existing and proposed location, extent and intensity
of development of land to be used in the future for various public
and private purposes, and
Including a statement of the standards of population density
and development intensity recommended for the Borough.
Shall mean a designated parcel, tract or area of land established
by the latest official record (Borough Tax Map or approved subdivision
plat) or otherwise as permitted by law and to be used, developed or
built upon as a unit.
Shall mean the area contained within the lot lines.
Shall mean the total area of outside dimensions on a horizontal
plane at ground level of the principal building inclusive of accessory
buildings, porches, and decks, exclusive of projecting eaves or overhangs,
as limited in Subsection 34- 4.3a, chimneys, bay windows, balconies,
open fire escapes and a maximum area of 32 square feet of unroofed
landing.
To include the size of a roof over any roofed over building,
entrance, platforms, and stairs. A building rear overhang, no greater
than two feet or any shed less than 100 square feet are not to be
included. If a building rear overhang is greater than two feet or
any unroofed landing is over 32 square feet, the area will be included
in its entirety.
Shall mean the shortest distance between the front lot line
and a line drawn parallel to the front line through the midpoint of
the rear lot line.
Shall mean any line forming a portion of the exterior boundary
of a lot and is the same line as the street line for that portion
of a lot abutting a street.
Shall mean the minimum width of a lot measured by the shortest
horizontal distance formed by a straight line connecting the sides
of the lot at the required street right-of-way line or tangent to
any curved street right-of-way line on a cul-de-sac.
Shall mean a lot other than a corner lot.
Shall mean any security, other than cash, which may be accepted
by the Borough for the maintenance of any improvements required by
this chapter.
Shall mean boats and boat trailers, travel trailers, pick-up
campers or coaches, motorized dwellings, tent trailers and similar
devices.
Shall mean a plan of development for a given tract of land
prepared in compliance with the Borough Master Plan and current accepted
engineering practices and standards for major site plan details. Said
site plan shall include but not be limited to the location of all
lot lines, building footprints, utilities, curbs and pavement, contour
lines with elevations, walls, fencing, signs, lighting, drainage plans,
entrances, egresses, parking plans, and landscaping. A major site
plan shall be required for all development in a flood plain and developments
requiring variances or an extension of public improvements. It shall
also be required in conjunction with any subdivision approval. The
Planning/Zoning Board shall have the right to waive specific requirements
of a major site plan they deem unnecessary for a particular application,
however said Boards may not waiver any requirements of the Zoning
Ordinance.
Shall mean any subdivision which does not fall under the
classification of a minor subdivision.
Shall mean a composite of one or more written or graphic
proposals for the development of the Borough prepared by the Planning
Board and adopted by public hearing to guide the long-range development
of the Borough in a manner which protects public health, safety and
promotes the general welfare.
Shall mean a developmental plan which does not fall under
the definition of a major site plan, and one which does not involve
more than three lots or a total land area of more than 15,000 square
feet and requiring no variances or extension of public improvements
and not located in a floodplain. Said site plan shall include the
location of all lot lines, building footprints with setbacks, driveways,
drainage, and spot elevations at lot corners. A minor site plan shall
be required for the development of any unimproved lot or enlargement
of 50% or more of any existing building or driveway.
Shall mean any subdivision containing not more than three
lots fronting on an existing improved and accepted street, not involving
any new street or road or the extension of municipal facilities, not
adversely affecting the development of the remainder of the parcel
or adjoining land and not in conflict with any provision or portion
of the Master Plan, Official Map, Zoning Ordinance (with the exception
of existing nonconformities or existing yard variances) or this chapter.
Any subdivision containing land which was included within a "minor
subdivision" within five years shall not be eligible for classification
as a "minor subdivision." Any redivision of property which does not
create any additional building lots nor require an extension of municipal
services shall be classified as a minor subdivision and shall not
be subject to the five year limitation restriction contained in the
preceding sentence.
Shall mean a building or group of buildings, whether detached
or in connected units, used as individual sleeping or dwelling units,
designed primarily for transient automobile travelers and provided
with accessory off-street parking facilities. The term "motel" shall
include buildings designed as tourist courts, motor lodges, auto courts
and other similar designations but shall not be construed to include
mobile or immobile trailers or homes.
Shall mean venues or establishments offering live entertainment
of any kind, with or without food service, with or without the service
of alcohol will be considered nightclubs or clubs.
The term nightclub includes:
Places of entertainment open late at night, offering live music
and/or dancing, and/or drinks and sometimes serving food;
An entertainment venue which conducts its primary business after
dark, at night, after normal restaurant or business operating hours.
Establishments which hold events where entertainment would not
normally be considered an accessory use to the principal permitted
use.
Establishments which charge admission or require the purchase
of tickets or a "cover charge" for entry.
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One element of a nightclub or club which will further distinguish
the same is that the patrons of such an establishment will be engaged
in drinking alcohol and other beverages with less emphasis on food
consumption and using the services provided as part of the primary
function of the facility.
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Exceptions;
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Charitable, political or recognized community clubs holding
special events. Special events require the approval of the Mayor and
Council.
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A use accessory to a restaurant will not be considered a nightclub
only when all of the following conditions are met:
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(a)
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(a) Where the area permanently devoted to the entertainment
use is less than 20% of the gross floor area of the public portions
of the restaurant, not including hallways, bars and required aisles,
coat check areas, smoking areas, waiter stations and rest rooms.
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(b)
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(b) Where the occupancy is limited to the number of persons
for whom there are tables and chairs.
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(c)
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(c) Where the restaurant continues unrestricted food service,
including all advertised specials and all items on the printed menu,
until closing.
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(d)
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(d) Where the restaurant maintains no less than 75% of the total
available seating within the establishment for restaurant patrons
ordering or consuming meals.
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(e)
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(e) When entertainment is provided, it is limited to acoustical,
nonamplified entertainment.
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Any use which is accessory to a restaurant use which does not
satisfy all of the conditions described above shall cause the entire
use to be defined as a "nightclub" as defined herein.
[Ord. No. 2017-22] | |
Shall mean one that does not conform with the regulations
herein made for the district in which such building, lot or use is
located.
Shall mean improvements to accommodate conditions generated
by a proposed development, including but not limited to new improvements
and extensions and modifications of existing improvements. "Off- site"
means located outside of the lot lines in question but in the case
of a subdivision within the property (of which the lot is a part)
which is the subject of a development application of contiguous portion
of a street or right-of-way. "Off- tract" means not located on the
property which is the subject of a development application nor on
a contiguous portion of a street right-of-way.
Shall mean 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.
Shall mean a place for the transaction of business where
reports are prepared, records kept, and service rendered, but where
no retail sales are offered and where no manufacturing, assembly or
fabricating takes place.
Shall mean a map, adopted pursuant to N.J.S.A. 40:55D-32,
reflecting appropriate provisions of the Master Plan and deemed conclusive
with respect to the location and width of streets and public drainage
ways and the location and extent of flood control basins and public
areas, whether or not such streets, ways, basins or areas, are improved
or unimproved or are in actual physical existence.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Shall mean an area for the parking of motor vehicles. The
minimum size passenger car parking space shall be as described in
the "Off Street Parking" section of this chapter. Piggy-back or tandem
parking spaces shall not be permitted except in R-3, R-9 and R-18
Zones and in no case shall they be more than two spaces deep. In R-3,
R-9 and R-18 Zones a maximum of three abreast parking spaces shall
be permitted in the front yard of each lot.
Shall mean any area of ground covered with an impervious
material such as paving blocks, asphalt or concrete not included in
the definition of a driveway or sidewalk.
Shall mean any security, which may be accepted by the Borough
to provide for the completion of required improvements on a site;
provided that not more than 10% of such security shall be required
in cash.
Shall mean provisions of this chapter regulating noise, vibration,
radiation, electrical interference, noxious odors, toxic substances,
explosive and inflammable materials, smoke and airborne particles,
waste discharge, buffer screening of unsightly conditions, and such
other matters as may be necessary to achieve the purposes of this
chapter.
Shall mean any use of land or buildings as permitted by this
chapter.
Shall mean any attached deck.
Shall mean the main or primary purpose for which a lot is
used or a building (or buildings) on a lot is occupied.
Shall mean a space, unoccupied, except by an accessory building
or accessory use as herein permitted, extending for the full width
of the lot between the rear line of the building wall and the rear
lot line.
Shall mean any business establishment selling food or beverages
whether prepared on-site or prepackaged allowing consumption of same
on said site or premises.
Shall mean the total width and length of the course of property
along a street, watercourse, utility alignment, or other way and within
which all improvements and rights of access are confined.
Shall mean the setback of a building from a particular lot
line is the horizontal distance from such lot line to the part of
the building nearest such lot line.
Shall mean human masturbation, sexual intercourse or any
touching of the genitals, pubic areas or buttocks of the human male
or female, or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals
in an act of apparent sexual stimulation or gratification.
Shall mean an unoccupied space extending for the full length
of a building between the building wall and the side lot line.
Shall mean any area of ground covered with an impervious
material such as paving blocks, asphalt or concrete, generally not
more than four feet wide, specifically designed for pedestrians. Sidewalks
in the right-of-way shall conform to current Borough standards.
Shall mean any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious group.
Shall mean the area defined by the frame or edge of a sign.
Where there is no frame or edge to the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the said sign.
Shall mean any sign which is owned or operated by any person,
firm or corporation engaged in the business of outdoor advertising
a commodity not sold or produced on the premises. This shall include
"billboards" and off-premises signs indicating the direction to a
particular place.
Shall mean 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, flood
plains, marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
Any other information that may be reasonably required in order
to make an informed determination as to whether the requirements necessary
for site plan approval under this chapter have been met.
Shall mean the examination of specific development plans
for a lot. Wherever the term "site plan approval" is used in this
chapter, it shall be understood to mean review and approval by the
Planning Board or Board of Adjustment, as appropriate, pursuant to
the provisions of this chapter.
Shall mean that part of a building between the surface of
any floor and the next floor above it or, in its absence, then the
finished ceiling or roof above it. A "split level" story shall be
considered a second story if its floor level is six feet or more above
the level of the line of the finished floor next below it. Any floor
under a sloping roof at the top of a building which is more than two
feet below the top plate shall be counted as a story; and, if less
than two feet below the top plate, it shall be counted as a half-story.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way:
Which is an existing State, County or Borough roadway; or
Which is shown upon the plat heretofore approved pursuant to
law; or
Which is approved by official action as provided by this chapter;
or
Which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
Shall mean that line determining the limit of the street
or highway right of the public, either existing or contemplated. Where
a definite right-of-way width has not been established, the street
line shall be assumed to be a point 25 feet from the center line of
the existing street.
Shall mean 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.
Shall mean facilities constructed above or below ground having
a depth of more than two feet and/or a water surface of 100 square
feet or more and designed and maintained for swimming purposes. Swimming
pools shall include all buildings, structures, equipment and appurtenances
thereto. Aboveground swimming pools may have a freestanding deck fastened
thereto, and such freestanding deck shall not exceed 40 square feet;
otherwise, the percentage area of such freestanding deck shall be
included in the total lot area covered by the main building.
Shall mean a swimming pool located as an accessory use to
a residence for use by members of the residence and guests.
Shall mean and include artificially constructed pools not
designed or used for swimming and having a maximum water depth of
two feet.
Shall mean the principal purpose for which a lot or the principal
building thereon is designed, occupied, maintained, or intended to
be used.
Shall mean a modification of the lot, yard, and building
dimensions and coverage requirements set forth in this chapter on
grounds of practical difficulties or undue hardship, not self-imposed.
Such action shall be deemed to create a nonconforming lot or building.
Shall mean permission granted in particular cases and for
special reasons to allow the use of a lot or building in a district
restricted against such use under this chapter. Such use shall be
thereafter deemed nonconforming.
Shall mean a required unobstructed open space lying between
a building or outer building of a group and the nearest lot line.
Shall mean the Construction Official unless another person
is designated by the Borough Council.
