For the purposes of this chapter:
A.Â
The present tense shall include the future.
B.Â
The singular number shall include the plural and the plural the singular.
C.Â
The word "shall" means always mandatory; the word "may" means discretionary.
D.Â
The words "zone" and "district" are synonymous, and whenever the
term "structure" is used, it shall be construed to include the term
"building."
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings herein defined.
Whenever a term that is defined in the MLUL is used in this chapter,
such term shall have the same meaning as in the MLUL. Any word or
term not defined below or in the MLUL shall be used with a meaning
as defined in Webster's Third New International Dictionary of the
English Language, unabridged (or the latest edition).
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building larger than 100 square
feet is located within five feet of the principal building or structure,
it shall be considered a part thereof. This definition should not
be deemed to include helipads or heliports as accessory uses.
A use of land, building or structure, or portion thereof,
customarily incidental and subordinate to the principal use of the
land or building and located on the same lot as the principal use.
This definition should not be deemed to include helipads or heliports
as accessory uses.
A structure added to the original structure at some time
after the completion of the original structure.
For Planning Board matters, the Planning Board Secretary
and for Zoning Board of Adjustment matters, the Zoning Board of Adjustment
Secretary or appropriate staff within the Department of Community
Services.
The provision of care and supervision, monitoring of general
health, social interaction and peer contact in a structured program
for impaired or socially isolated adult individuals, who live off-site
and who cannot be left alone during the day, but who do not require
twenty-four-hour institutional nursing care.
Adult entertainment uses include, but are not limited to,
the following:
Offers as one of its principal purposes the sale, rental, exhibit,
or display of any of the following: books, magazines, publications
or other printed materials, photography, videotapes or audiotapes,
still or moving films, computer disks, computer games, CD-ROMs, DVDs,
or any other media or tangible item of any kind, depicting or exhibiting
a specified anatomical area or a specified sexual activity as each
is defined herein; or
Regularly features live performances characterized by the depiction
of a specified anatomical area or by a specified sexual activity as
each is defined herein; or
Regularly shows films, motion pictures, videocassettes, slides,
or other photographic or film representations which depict or describe
a specified anatomical area or specified sexual activity as each is
defined herein.
"Adult entertainment use" shall also include establishments
which constitute adult bookstores, adult video stores, adult motion-picture
theaters, and/or adult novelty/gift shops.
The results of development creating, imposing, aggravating
or leading to inadequate, impractical, unsafe or unsatisfactory conditions
on a site proposed for development or on off-tract property or facilities,
including, but not limited to, the following: insufficient street
location resulting in an unsafe or inefficient circulation system;
inadequate utilities, such as water, drainage, shade trees and sewerage;
unsuitable size, shape and location of any area reserved for public
use or land for open space; infringement upon land designated as subject
to flooding; and the creation of conditions leading to soil erosion
by wind or water from excavation or grading, all as set forth in N.J.S.A.
40:55D-38 and measured against the design and performance standards
of this chapter.
Housing which is affordable to persons of low and moderate
income based upon standards of income and affordability established
by the regulations of the New Jersey State Council on Affordable Housing
(COAH), or any agency that supersedes COAH, as amended from time to
time.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
where the head of the household is a minimum of age of 55 years old,
except that due to death, a remaining spouse of less than 55 years
of age shall be permitted to continue to reside.
The traveled way by which cars enter and depart parking spaces.
The rearrangement of any space by the construction of walls
or partitions, the addition or elimination of any door or window,
the extension or rearrangement of any system, the installation of
any additional equipment or fixtures and any work which affects a
primary structural component.
Any interior or 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, wireless telecommunications signals or
other communication signals. The term "antenna" shall include its
respective mounting or support structures for purposes of calculating
dimensions.
A structure, other than a telecommunications tower, which
is attached to a building and on which one or more antennas are located.
One or more rooms with a private bath and kitchen facilities
comprising an independent, self-contained dwelling unit within a multifamily
dwelling building. (See also "dwelling, multifamily.")
A developer or property owner submitting an application for
development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter.
A plan which has been granted final approval by the Planning
Board or Zoning Board of Adjustment of the City of Summit.
A facility which is licensed by the New Jersey State Department
of Health and Senior Services to provide housing and congregate dining,
and to assure that assisted living services are available when needed,
to four or more adult persons unrelated to the proprietor. Such units
shall offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance. "Assisted
living" is a level of care between nursing care and independent living
and includes a coordinated array of supportive personal and health
services, available 24 hours per day, to residents who have been assessed
to need these services.
The space between the ceiling beams of the top story and
the roof rafters in any building.
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.
A self-propelled road vehicle with four wheels, usually used
to transport not more than eight passengers and licensed by the appropriate
state agency as a passenger vehicle.
See "vehicle sales."
Any establishment that makes motorized vehicles available
for use by the general public on a limited-time basis measured in
increments of one day or more.
A building used for the repair of automobiles, not including
auto sales or dealerships, nor the sale of junked automotive equipment,
parts or inoperable motor vehicles or gasoline.
Any establishment that makes motorized vehicles available
for use by members of a service on a limited time basis, usually for
durations of less than a day.
A roof-like cover that may be temporary or permanent in nature
and projects from the wall of a building for the purposes of shielding
a window or doorway or providing decorative or architectural detail
for buildings. Unless otherwise specified in this chapter, permanent
awnings that cannot be retracted shall be subject to the setback requirements
of the district in which the building is located.
A basement is that portion of a building that is partially
or completely below grade and where the finished surface of the floor
above is:
A mound of earth or the act of pushing earth into a mound.
A pathway, often paved and separated from streets and sidewalks,
designed to be used by bicycles.
An off-premises sign displayed outdoors for the purpose of
advertising, identifying, displaying, directing or attracting attention
to an object, person, institution, organization, business, product,
service, event or location, or to express a point of view. Also known
as an "off-premises" or "outdoor advertising" sign. For the purposes
of this chapter, the term "billboard" shall include the sign face
and any element bounding the sign.
A tract of land bounded by streets, substantial natural watercourses
or other pronounced physical features.
The City of Summit Planning Board or Zoning Board of Adjustment,
when acting within its scope of jurisdiction under this chapter and/or
the MLUL.
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 for a minimum tenancy of 30 consecutive
days and may be furnished meals as part of this consideration.
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single-room occupancy, excluding units occupied by any owner/operator,
wherein personal or financial services are provided to residents,
hotel, motel or guesthouse, any resource family home, community residences
for the developmentally disabled, and assisted living facilities.
An establishment licensed under N.J.S.A. 33:1-10, or any
successor legislation, to manufacture alcoholic beverages and to sell
and distribute the products to licensed wholesalers and retailers.
Such uses may manufacture, sell and serve alcoholic beverages to consumers
on a licensed premise for consumption on site, or for consumption
off the premises consistent with state law.
An establishment, with license from the State under N.J.S.A.
33:1-10, where alcoholic beverages are brewed and manufactured, served
and consumed on the premises, and which is operated in conjunction
with a restaurant use. Such uses shall be used principally for the
purpose of providing meals to its customers with adequate kitchen
and dining room facilities immediately adjoining licensed brewery
facilities.
A strip of land containing natural woodlands, berms, or other
planted screening materials used to physically separate or screen
one use or property from another so as to minimize adverse impacts.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy by any person, animal
or thing and having a roof.
The horizontal plan projection of all covered or roofed areas
on a lot, whether permanent or temporary, including decks, cantilevered
areas, bay or bow windows and similar projections, but excluding roof
eaves, roof overhangs, projections above entranceways and garage doors,
and chimneys projecting a maximum distance of 24 inches from the structure.
The building area divided by lot area, expressed as a percentage.
The two-dimensional space within which a principal structure
is permitted to be built on a lot and which is defined by minimum
yard setbacks.
See "height of building."
A line parallel to the street line or other lot line, which
touches that part of a building closest to the street line or other
lot line. In the case of a cantilevered section of a building, the
building line will coincide with the most projected surface.
The diameter of a tree trunk measured in inches at height
of 12 inches above the ground.
A self-supporting, roof-like shelter or marquee without sides,
permanently affixed to the wall of a building and providing overhead
protection from the weather at an entrance to said building, which
shall be construed to be a part of the building to which it is affixed.
Includes all areas of coverage formed by the crown of woody
plant material exceeding five feet in height, and the extent of horizontal
tree coverage at 20 years maturity based on published reference texts
generally accepted by landscape architects, nurseries and qualified
arborists.
A governmental acquisition of real property or major construction
project.
A timetable or schedule of all future capital improvements
to be carried out during a specific period and may also include cost
estimates and the anticipated means of financing each project.
A building or place of business where the washing of automobiles
or motor vehicles is carried on with the use of a chain or conveyor,
blower and water and/or steam-cleaning device.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
A space with less than 1/2 of its floor-to-ceiling height
above the grade plane of the adjoining ground or with a floor-to-ceiling
height of less than 6Â 1/2 feet.
A document issued by the Construction Official, allowing
the occupancy or use of a building and certifying that the structure
or use has been constructed and/or renovated according to, and in
compliance with, the Uniform Construction Code (UCC).
Any permitted use that substantially differs from the previous
use of a building or land involving any of the following:
The addition of parking spaces based upon the parking requirements
of this chapter;
A significant increase (10 or more during a weekly period) in
the amount of truck deliveries to the property;
A significant change in the hours of operation from the previous
use (a deviation of four or more hours in the morning and/or evening);
The storage or handling of chemicals or hazardous substances;
Proposed changes in intensity of exterior lighting; or
Additions to buildings in the Central Retail Business District
(CRBD).
A permitted use that does not meet the foregoing criteria can
be considered a change of occupancy that does not require site plan
approval.
A watercourse with a definite bed and banks which confine
and conduct the normal continuous or intermittent flow of water.
Any facility, by whatever name known, which is maintained
for the care, development and supervision of six or more children
under 13 years of age who attend the facility for less than 24 hours
a day, and which is licensed as a child-care center by the Department
of Human Services. This term shall not include any of those facilities
or uses which are not included within the definition of "child-care
centers" in the Manual of Requirements for Child Care Centers, State
of New Jersey, Department of Human Services.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, pipes and conduits, and the handling of people
and goods by such means as terminals, stations, warehouses and other
storage buildings or transshipment points.
The City of Summit.
A New Jersey-licensed professional engineer who provides
engineering services to the City of Summit and who may provide technical
advice to the Planning Board and to the Zoning Board of Adjustment.
The person appointed by the City to supervise and ensure
the conservation, protection and care of trees, shrubs and soils within
the City, or such other person as may serve in this capacity.
The use of a common personal wireless telecommunications
facility (PWTF) or a common site by two or more wireless license holders
or by one wireless license holder for more than one type of telecommunications
technology and/or placement of a PWTF on a structure owned or operated
by a utility or other public entity.
An office use in which common and unassigned office space
is made available to individuals and companies on a short-term basis,
including daily rates. Assigned office spaces and longer lease periods
may be included in this definition so long as they are still provided
access to common use space and common facilities. Long-term assigned
(increments greater than one month) office space without access to
common use space and common facilities shall not be considered to
fall within the definition of coworking.
Every type of vehicle with visible commercial signage, license
plates, and/or equipment used for commercial purposes or used in the
furtherance of and/or performance of a specific job or work function,
excluding limousines and taxis with no visible signage. This definition
shall include any vehicle bearing advertisements or printed commercially
related matter thereon. This term shall not include vehicles used
for private or personal transportation.
Ownership of two or more contiguous parcels of real property
by one person or legal entity. Joint and/or common owners shall be
deemed to be one legal entity.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. A communications antenna shall not include
mobile cellular communications antennas or mobile cellular communications
towers as otherwise regulated under this chapter.
A community residential facility licensed pursuant to P.L.
1977, c. 448,[1] 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, supervised apartment living arrangements and
hostels. Such a residence shall not be considered a health care facility
within the meaning of the "Health Care Facilities Planning Act," 1971,
c. 136.[2]
Any community residential 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 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 hostels. Such a residence shall not be considered
a health care facility within the meaning of the "Health Care Facilities
Planning Act" (P.L. 1971, c. 136; N.J.S.A. 271:2H-1 et seq.[3]). In the case of such community residence housing mentally
ill persons, such residence shall have been approved for a purchase
of service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, for 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 regulation
of the Department of Child Protection and Permanency ("DCPP") pursuant
to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter,
medical care, legal assistance, personal guidance, and other services
to not more than 15 persons who have been victims of domestic violence,
including any children of such victims, who temporarily require shelter
and assistance in order to protect their physical or psychological
welfare.
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 and operation of such use
as contained in the Zoning Ordinance and upon the issuance of an authorization
therefor by the Planning Board.
One or more buildings or structures and the land on which
they are situated, containing multiple residential dwelling units
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 or improvements, together with an undivided
interest in common elements appurtenant to each, pursuant to N.J.S.A.
46:8B-1 et seq.
The entity responsible for the administration of a condominium,
which entity may be incorporated or unincorporated.
An interest in land less than fee simple absolute, stated
in the form of a right, restriction, easement, covenant, or condition,
in any deed, will or other instrument, other than a lease, executed
by or on behalf of the person vested with a greater interest therein,
appropriate to retaining land or water areas predominantly in their
natural, scenic, open or wooded condition, or for conservation of
suitable habitat for plants or animals.
The Construction Official of the City of Summit, as the case
may be, when acting pursuant to the Municipal Land Use Law,[4] this chapter and the New Jersey Uniform Construction Code.
Legal authorization for the erection, alteration or extension
of a structure.
Tracts of land which share one or more common boundaries.
A retail store that sells general merchandise, limited grocery
items and prepared foods for off-site consumption so long as the sale
of prepared foods is subordinate to the sale of general merchandise
and grocery items.
The governmental state agency established under the Fair
Housing Act, N.J.S.A. 52:27D-301 et seq., as amended, which has primary
jurisdiction for the administration of affordable housing obligations
in the State of New Jersey in accordance with regional planning considerations.
The Union County Planning Board.
Any open, unoccupied space, unobstructed from the ground
to the sky, that is bounded on three or more sides by the walls of
a building.
The turnaround at the end of a dead-end street.
A drainage ditch or conduit, whether or not incorporated
in a closed system that carries drainage water under a driveway, road,
railroad or pedestrian walk in a closed drainage system.
An assembly of materials consisting of either granite block
stone or poured concrete, forming a boundary structure to delineate
the edge of the roadway or paved area. (See also "residential site
improvement standards" for residential property development.)
The opening along the curbline at which point vehicles may
enter or leave the roadway.
A line, whether curbing exists or not, that defines the edge
of the roadway, including the shoulder or gutter area, if any.
A portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
An artificial lighting source or fixture that meets the goals
and principles of the International Dark-Sky Association (https://www.darksky.org/).
See "child-care center."
A street or portion of a street which is accessible by a
single means of ingress or egress.
An unroofed, above-grade platform that extends from a structure
or is freestanding, and that rises more than 12 inches above grade
at any one point, regardless of its material composition. A deck shall
be considered part of the building area, except that it shall not
be included in floor area ratio, except as otherwise provided in the
definition of "floor area, residential."
A dedication of land for construction, reconstruction, widening,
repairing, maintaining, using or improving a street, public or private,
and for the construction, reconstruction or alteration of facilities
related to the safety, convenience or carrying capacity of said street,
including, but not limited to, curbing, pedestrian walkways, drainage
facilities, traffic control devices and utilities in or along road
rights-of-way.
A venue designed and operated for the express purpose of
the presentation and demonstration of food and/or the presentation
and explanation of domestic cooking recipes or techniques to an audience.
The permitted number of dwelling units per gross area of
land to be developed.
See "stormwater detention."
The legal or beneficial owner or owners of a lot or 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 structure; 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, by any person,
for which permission is required pursuant to this chapter or under
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A zoning, subdivision, site plan, Official Map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
Chapter 35 of the City of Summit Body of Ordinances.
Development other than planned research office development.
An area of minimum contiguous size, as specified in this
chapter, to be developed according to a general development plan as
a single entity containing one or more structures with appurtenant
common areas to accommodate a facility designed and used for research,
offices, and engineering activities involving scientific investigations,
engineering studies and consumer product development and any other
incidental uses and activities to the predominant use as may be permitted
by ordinance.
A network of one or more antennas and fiber optic nodes typically
mounted to streetlight poles, or utility structures, which provide
access and signal transfer services to one or more third-party wireless
service providers. DAS shall also include the equipment location,
sometimes called a "hub" or "hotel," where the DAS network is interconnected
with third-party wireless service providers to provide the signal
transfer services. The term shall be construed to include supporting
cables, wires, braces, masts or other appurtenances.
A vertical window in a roof or the roofed structure containing
such window.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
A commercial facility or structure that is designed to allow
patrons to order and receive goods and services via a service window
or mechanical device while remaining in their vehicles.
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a lot, building or other structure
or facility.
A covered pit with an open jointed lining and required visible
cover into which water is piped or directed from roofs, basement floors,
other impervious surfaces or swales or pipes to seep or percolate
into the surrounding soil.
Any permanent structure or portion thereof that is used exclusively
for human habitation. "Dwellings" may include but are not limited
to the following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means and contains one kitchen.
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling in a row of at least three such attached dwellings in which each dwelling has its own front and rear access to the outside, no dwelling is located over another dwelling and each dwelling is separated from all other attached dwellings by one or more vertical, common, fire-resistant walls.
TWO-FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
MULTIFAMILYA building containing three or more dwelling units that share common horizontal separations, including garden apartments.
TWIN HOUSE/DUPLEXA structure, including two dwelling units, separated by a plane vertical party wall and each susceptible to sale on an individual lot.
One or more rooms designed, occupied or intended for occupancy
as separate living quarters by one family or household, provided that
access is directly from the outside or through a common hall and that
separate cooking, sleeping and sanitary facilities are provided within
the dwelling for the exclusive use of the single family maintaining
the household.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
Any primary or secondary educational institution normally
subject to regulations prescribed by the Department of Education of
the State of New Jersey. This definition shall be deemed to include
all activities secondary or subordinate to the main activity of any
such institution, which activities are a part of the normal operation
of such institution as set forth in its charter.
Equipment that connects and provides a source of electricity
to recharge electric vehicles, neighborhood electric vehicles and
plug-in hybrids.
A study to determine the potential direct and indirect effects
of a proposed development on the environment.
The detachment and movement of soil or rock fragments by
water, wind, ice and/or gravity.
The erection, construction, alteration or maintenance by
public utilities, municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water transmission or
distribution systems, including electrical substations, telephone
dial centers, poles, towers, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals,
light stanchions, telephone lines, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities, municipal
or other governmental agencies for the public health, safety or general
welfare. Essential services shall include firehouses, first aid and
emergency aid squad whether provided by a municipal or nonprofit agency,
pumping stations, sewerage treatment facilities, standpipes and water
storage tanks.
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface or beneath the land surface, whether exposed
or submerged.
A deviation from or the waiver of an on-tract improvement
requirement or a design standard in connection with an application
for development and granted by the Planning Board pursuant to N.J.S.A.
40:55D-51.
The vertical location of the ground surface prior to excavating
or filling.
Two or more persons not necessarily related by blood, marriage,
adoption, or guardianship living together in a dwelling unit as a
single housekeeping unit under a common housekeeping management plan
based on an intentionally structured relationship providing organization
and stability.
Any private residence registered as a family day care home
pursuant to the Family Day Care Provider Registration Act (P.L. 1987)[5] or an organization with which the Department of Child
Protection and Permanency ("DCPP") 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:
A structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary. Fences are further defined and regulated in § 35-14.1K.
Sand, gravel, earth, or other materials of any composition
whatsoever placed or deposited on a lot by humans.
The official action of the Planning Board or Zoning Board
of Adjustment taken on a preliminary approved major subdivision or
major site plan 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 submitted for a final approval in accordance with this chapter
and which, if approved, shall be filed with the proper county recording
officer and which complies with the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.).[6]
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations and mortgage
companies.
The sum of the floor area of all floors of buildings or structures
compared to the total area of the site, expressed as a percentage.
The sum of all floor areas within a building.
The sum of the gross horizontal areas of the several stories
above grade of a building or structure measured from the exterior
face of exterior walls, or from the center line of a wall constructed
at the common lot line separating two buildings, without deduction
for hallways, stairs, closets, thickness of walls, columns, or other
features. Basement spaces with a headroom of seven feet six inches
or more which are unimproved, exclusive of mechanical rooms and areas
used exclusively for storage that is incidental to the permitted use
of the building, mezzanines of any size, and improved basement space,
exclusive of mechanical rooms and areas used exclusively for storage
that is incidental to the permitted use of the building, shall be
included in gross floor area. Mezzanines of any size and improved
basement spaces shall also be included in gross floor area, exclusive
of mechanical rooms and areas used exclusively for storage that is
incidental to the permitted use of the building.
The sum of the gross horizontal areas of all stories above
grade, measured from the exterior face of the exterior walls, or from
the center line of a wall constructed at the common lot line separating
two dwellings, including any space in an attic or in a story above
grade where the floor to roof rafter height is more than seven feet,
whether finished or not, and excluding the area of the required garage
(for one-car garages equals 288 square feet and two-car garages equals
576 square feet) or the existing garage, whichever is less. Enclosed
or screened in porches shall be included in the residential floor
area calculation.
See "lot frontage."
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
A space for the exhibition and/or sale of works of art.
A building, other than a private garage, intended for the
parking of motor vehicles.
A detached accessory building or a portion of the main building
used primarily for the storage of a passenger vehicle or vehicles
and not more than one commercial vehicle of a rated capacity not exceeding
three-fourths ton, which commercial vehicle is owned or used by the
occupant of the building to which the garage is accessory and that
is not a separate commercial enterprise available to the general public.
A place where gasoline or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles
and which may provide for minor repairs but shall not include auto
body work, welding or painting, or any repair work outside of the
enclosed building.
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
A tract of land laid out for at least nine holes for playing
the game of golf and improved with tees, greens, fairways, and hazards
and that may include a shelter.
Any department, commission, independent agency or instrumentality
of the United States, the State of New Jersey, and/or any county,
municipal or other governmental unit.
A reference plane representing the average of the existing
ground level surrounding the entire foundation of a structure using
points six feet out from the foundation spaced uniformly around the
perimeter of the building.
A reference plane representing the average grade of a new
structure created as a result of an addition or construction of an
entirely new structure based on the existing grade prior to construction
using points six feet from the entire foundation spaced uniformly
around the perimeter of the building.
Any operation that modifies the existing topography such
as cutting, stripping, filling, stockpiling or any combination thereof.
An extension of the existing roof of a building that is partially
or completely covered with vegetation and a growing medium, planted
over a waterproofing membrane, which may also include additional layers
such as a root barrier and drainage and irrigation systems.
See "health club."
An establishment that provides a combination of facilities
for personal training, physical exercise, running and jogging, weight
training and strength conditioning, game courts, swimming facilities,
exercise equipment, saunas, showers and/or lockers. Health clubs may
include pro shops, as well as instructional programs for members and
guests which may include individual or group sessions.
The vertical distance from the grade plane and new grade
plane to the level of the highest point of the roof surface.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites, as designated as a local historic district
in the historic preservation element of the Master Plan.
Synonymous with "historic site." See inventory of historic
landmarks in the Appendix of this chapter.[7]
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
designated as a local historic site in the historic preservation plan
element of the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
An occupation or business activity conducted by a resident as a customary, incidental and accessory use in the resident's dwelling unit as further regulated in § 35-9.9G.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A facility offering transient lodging accommodations to the
general public with not fewer than 30 rooms and may provide additional
services such as restaurants, meeting rooms and entertainment. Recreation
facilities may be provided for the guests.
A building or structure, or groups of buildings or structures,
that by design, construction, or alteration are primarily intended
for conducting organized religious services and associated accessory
uses.
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 serving of food within
the dwelling unit.
A recognized technical and educational authority on illumination.
A surface composed of any material that is highly resistant
to natural infiltration of water into the soil. This term shall be
used to include, but is not limited to, roofs, buildings, streets,
parking areas, and any concrete, asphalt, or highly compacted gravel
or soil surface. Further, other areas determined by the City Engineer
to be impervious within the meaning of this definition shall also
be classed as impervious surfaces.
 |
A lot upon which exists a structure or building.
A vehicle that is not functionally operable and/or that is
not currently registered, insured and inspected.
A nonprofit or religious facility such as a church, library,
or hospital that is used for a public purpose.
Establishments providing instruction such as dance, culinary,
visual and performing arts, gymnastics or the martial arts to classes,
including aerobics classes and exercise classes, but not establishments
focused on individual activities such as personal training, massage
therapy, or personal fitness facilities.
An interested party shall qualify as one of the following
or as otherwise determined by law:
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 municipal agency, any person, whether residing
within or without the City, whose right to use, acquire, or enjoy
property is or may be affected by any action taken under this act,
or whose rights to use, acquire, or enjoy property under this act,
or under any other law of this state or of the United States have
been denied, violated or infringed by an action or a failure to act
under this chapter.
The use of any space, whether inside or outside a building,
for the storage, keeping, or abandonment of scrap metals, paper, rags,
glass, brush, wood, lumber, building materials, or other scrap materials,
or other reclaimable materials, or for the dismantling, demolition,
or abandonment of automobiles or other vehicles or machinery or parts
thereof.
Any structure or premises wherein or whereon the business
of overnight boarding, selling or breeding dogs or other domesticated
animals for research, commercial or retail sales purposes is carried
on, except a pet shop.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
A description of the appearance of an artificial light source
typically expressed or measured in degrees of Kelvin (K) on a scale
ranging from 1,000 K to 10,000 K with lower color temperatures generally
being referred to as "warm" or yellowish and higher color temperatures
referred to as being "cool," white or blue representative of the various
phases of daylight.
A permanent artificial light source generated by electricity
or gas-powered.
A solid lighting fixture element positioned around an artificial
light source intended to direct light to illuminate a specific area
and eliminate glare in unintended directions and shall be used in
achieving dark-sky compliance.
A broad-beamed, high-intensity artificial light so directed
or diffused to illuminate a relatively large outdoor space.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a vehicle while
loading or unloading.
A facility which provides a full range of twenty-four-hour
direct medical nursing and other health services for residents thereof.
Registered nurses, licensed practical nurses and nurses' aides provide
services prescribed by a residence physician. The emphasis is on nursing
care, but restorative physical, occupational, speech and respiratory
therapies may also be provided. This level of care may also include
specialized nursing services such as intravenous feeding or medication,
tube feeding, injected medication, daily wound care, rehabilitation
services and monitoring of unstable conditions.
A designated parcel, tract or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot but not including
any street rights-of-way.
That portion of a lot, expressed as a percentage of the lot
area, which is improved or is proposed to be improved with any of
the following:
Building area as defined herein and under § 35-7.2, Definitions.
Parking areas, loading areas, driveways, and other areas for
vehicular use, regardless of the surface material.
All patios, swimming pools and fountains, regardless of the
surface material.
Any impervious surface, whether or not defined herein or in § 35-7.2, Definitions, with the exception of solar panels pursuant to N.J.S.A. 40:55D-38.1.
The minimum distance between the front lot line and mean
rear lot line of an individual lot.
All areas disturbed for the purpose of the construction of
buildings or other structures on an individual fee simple lot. This
total shall include all disturbances, including but not limited to
building and structure areas, lawns and areas of tree removal.
The distance for which a lot or parcel of land abuts a street
right-of-way. The minimum lot frontage shall be the same as the minimum
lot width except that on curved alignments with an outside radius
of less than 500 feet, the minimum lot frontage shall not be less
than 75% of the required minimum lot width. In the case of corner
lots, the frontage shall be measured along each street frontage.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
In the case of through lots, the front lot line shall be the line
on which the primary entrance of the principal building faces.
The lot line opposite and most distant from the front lot
line, or the point at which the side lot lines meet.
Any lot line other than a front or rear lot line.
The distance between the side lot lines measured at the required
front setback line. On corner lots, lot width shall be measured at
the required front setback line along all street frontages.
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°.
Any lot other than a corner lot.
An undeveloped substandard lot in separate ownership from
any adjacent lot(s).
A lot created when two or more contiguous lots in common
ownership are combined because either one or both of these lots are
unimproved and either one does not conform to the Zoning Ordinance
bulk requirements.
A lot which extends from one street to another with frontages
on two streets that do not intersect at the boundaries of the lot.
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 and letters of
credit under the circumstances specified in Section 16 of P.L. 1991,
c. 256 (N.J.S.A. 40:55D-53.5), and cash.
In accordance with N.J.A.C. 7:8-1.2, "major development"
shall mean an individual development as well as multiple developments
that: (1) individually or collectively result in the disturbance of
one or more acres of land since February 2, 2004; (2) the creation
of 1/4 acre or more of regulated impervious surface since February
2, 2004; (3) the creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or (4) a combination of two and three
above that totals an area of 1/4 acre or more. The same surface shall
not be counted twice when determining if the combination area equals
1/4 acre or more. Major development includes all developments that
are part of a common plan of development or sale (for example, phased
residential development) that collectively or individually meet any
one or more of items (1), (2), (3) or (4) above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
An activity which involves the fabrication, reshaping, reworking,
assembly or combining of products from previously prepared materials
and which does not involve the synthesis of chemicals or chemical
products or the processing of any raw materials. Manufacturing includes
light industrial operations such as electronic, machine parts and
small component assembly, as opposed to heavy industrial operations
such as automobile assembly or milling activities. Manufacturing does
not include the term "Pilot Plant."
Refers to the cannabis plant family Cannabaceae, any part
of the cannabis plant family Cannabaceae, and the seeds of the cannabis
plant family Cannabaceae.
MEDICALProducts, uses, facilities and equipment governed by N.J.A.C. 8:64 et seq.
ALTERNATIVES/VARIETIES/FORMSMarijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.
CULTIVATIONThe growth, maintenance or harvesting of marijuana, including seeds.
MANUFACTURINGThe processing, compounding, conversion, packaging, manipulation or use of marijuana in producing or modifying cannabinoid products, concentrates or extracts.
RETAIL/DISPENSARYThe on-site sale or consumption/use, including inhalation, ingestion or application of marijuana or cannabinoid products, other than medical marijuana, to consumers.
DISTRIBUTION AND TRANSPORTThe wholesaling, storage, shipping and handling of all varieties of marijuana and cannabinoid products, concentrates and extracts.
See "canopy."
A composite of one or more written or graphic proposals for
the development of the City of Summit as set forth in and adopted
pursuant to N.J.S.A. 40:55D-28 et seq.
An approved facility or institution, whether public or private,
principally engaged in providing registered qualifying patients with
usable marijuana and related paraphernalia in accordance with the
provisions of the New Jersey Compassionate Use Medical Cannabis Act,
N.J.S.A. 24:6I-1 et seq. A medical marijuana dispensary shall not
include the manufacture or cultivation of marijuana, nor shall it
include the retail sale of marijuana for other than medical purposes.
[Added 12-1-2020 by Ord.
No. 20-3225]
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets, including commercial and
large vehicles, such as trucks and recreational vehicles weighing
greater than 10,000 pounds.
See "dwelling, multifamily."
The Planning Board, Zoning Board of Adjustment or the Mayor
and Common Council, and any agency which is created by or responsible
to the City of Summit when such agency is acting pursuant to this
chapter.
New Jersey statute N.J.S.A. 40:55D-1 et seq., as amended,
governing the land use planning and zoning powers of municipalities
throughout the state.
Any governmental use made by the City of Summit of property
owned or leased by it or legally under its control by easement, license
or otherwise.
Premises used for the exhibition of objects of cultural,
historical, or scientific interest, and which may include the collection
or preservation of such objects, for the recreation or cultural education
of the public.
When computing the neighborhood averages referred to in this
chapter, the neighborhood shall consist of the three lots on both
sides of the subject property and three nearest lots across the street
from the property having common street frontage(s) and regardless
of zone designation. In cases where there are fewer than three lots
on one or both sides of the subject property, or three lots across
the street, for purposes of neighborhood average calculations as provided
in this chapter, the average calculation shall be based on the greatest
number of applicable lots up to an intervening street or street terminus.
Lots with principal buildings having front yard setbacks equal to
or greater than two times the minimum required front yard setback
of their respective zones shall not be included in any neighborhood
average calculation.
Any premises licensed to provide for the on-premises consumption
of alcoholic beverages, and where the principal use or function during
regular meal hours (i.e., between 10:00 a.m. and 11:00 p.m.) is the
sale of food, and the principal use or function after regular meal
hours is the selling of alcoholic beverages and incident thereto may
be the retail sale or consumption of food as a permitted use, consistent
with N.J.S.A. 33:1-12 et seq., and where any of the following elements
exist: more than 30% of the floor area of the establishment is devoted
to an entertainment portion of the business; or the occupancy rate
is either more than 130% of the number of seats or less than 12 square
feet per occupant. Entertainment shall include background music, whether
live or recorded, whose primary purpose is to create an atmosphere
or ambiance.
Under this chapter, "noise" shall be as defined in New Jersey
Department of Environmental Protection Regulations, N.J.A.C. 7:29
et seq., and in the Revised General Ordinances of the City of Summit.
A lot of record, 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.
"Lawful" shall include lots that have received variances for area,
dimension or location or was in compliance prior to adoption of this
chapter.
Any sign lawfully existing on the effective date of this
chapter or any amendment thereto that renders such sign nonconforming
because it does not conform to all the standards and regulations of
such chapter.
A structure or building the size, dimension or location of
which was lawful prior to the adoption, revision or amendment to 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. "Lawful" shall include structures or buildings that
have received variances for size, dimension or location or were in
compliance prior to adoption of this chapter.
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.
An offensive, annoying, unpleasant, or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's right, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line that can be perceived by
or that affects a human being, or the generation of an excessive or
concentrated movement of people or things, or any characteristic detrimental
to the value or use of any adjacent property, such as:
Noise.
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibration.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Passenger traffic.
Transportation of things by truck, rail or other means.
The obscuring or masking of adjacent or nearby property by projecting
signs, marquees, or canopies.
Any adverse, unpleasant or incongruous appearance caused by
such matters as exposed storage of inoperable automobiles or junk
materials, neglect or dilapidation of land or building, exposed parking
of commercial vehicles on residential lots, dead or dying trees or
the unsightly accumulation of fallen leaves, branches, litter, or
other debris.
Unusual risks of fire or explosion, such as manufacture and/or
storage of wood, fuel, or explosives.
Parking of motor vehicles on other than driveways or approved
parking areas.
See "long-term care facility."
Any individual, firm, association, corporation or any other
legal entity and shall include the owner or subdivider, or both, as
may be required by the City. The obligor shall be responsible for
posting and executing any required performance guarantee.
Located outside the lot lines of the lot in question.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
Not located on the property that is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files, and communication equipment.
The office of a member of a recognized profession which shall
be so designated by the approving authority upon finding by such approving
authority that such operation is professional in character and requires
at least a bachelor's degree from an accredited college or university,
licensing, and training and experience a condition for the practice
thereof, and that the practice of such occupation shall in no way
adversely affect the safe and comfortable enjoyment of property rights
in any zone to any greater extent than would the permitted uses listed
in that zone. The issuance of a state or local license for regulation
of any such occupation shall not, alone, be deemed indicative of professional
standing. When such office is combined with a residence, the conditions
of a home occupation shall apply.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
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, 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.
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 open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational uses or conservation purposes.
The stockpiling or warehousing of vehicles, merchandise,
materials, and/or machinery outside the enclosed confines of a building,
including, but not limited to, sand, gravel, dirt, asphalt, lumber,
pipes, plumbing supplies, metal, concrete, insulation, construction
equipment, construction vehicles, and delivery/service vehicles. The
term "outdoor storage" shall not include the outdoor display of merchandise
for sale on the premises.
An "overlay zone" is a zoning district that encompasses one
(or more) underlying zones and permits an additional use (or uses)
over and above the uses permitted in the underlying zone. When used
within the context of a multifamily affordable housing overlay, a
property owner is entitled to continue to use the property as it has
historically been used, has the right to change the existing use to
another permitted use, enlarge/expand that existing use and redevelop
the property pursuant to the underlying zone, but is also entitled
to use the property for multifamily residential use with an affordable
housing set-aside as provided for in the overlay zone district use,
area and bulk regulatory provisions.
Any open area, including parking spaces and aisles, providing
direct access thereto, 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, other than a street or other public way, including
parking spaces and access aisles, providing direct access thereto,
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, shoppers, customers and employees.
Any public or private parking area or garage.
A space for the off-street parking of one operable, licensed
motor vehicle within a public or private parking area or garage.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice.
A single- or multilevel structure at or within one foot of
the finished grade, not covered by a roof, and regardless of its material
composition. Patios shall not be considered a part of building area
but shall be included in the calculation of lot coverage when they
constitute impervious cover.
Any security which may be accepted by the City, including
cash, provided that a municipality shall not require more than 10%
of the total performance guarantee in cash.
A set of criteria or limits relating to certain characteristics
that a particular use or process shall satisfy or not exceed.
A certificate issued to perform work under 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.
Establishments primarily engaged in providing services involving
personal care of a person or his or her personal goods or apparel,
including the following: day spas, hair salons, beauty salons, massage
services, provided that the staff performing services are licensed
by the State of New Jersey, and barbershops; skin care and nail salons
or combinations; shoe repair; clothing services such as coin-operated
laundries, cleaning and pressing facilities; clothing alterations;
custom tailoring and clothing rentals; photographic studios; personal
training, and tutoring.
A use established by a nonprofit organization and funded
through a foundation or other charitable means for the purpose of
promoting human welfare. Such use does not include "community residences
for the developmentally disabled" or "community shelters for victims
of domestic violence" as defined herein.
An establishment or part thereof used to test out concepts
and ideas regarding compound composites and determine physical layouts,
material flows, type of equipment required, costs, and secure other
information in the discovery and advancement process of a product,
incidental to compound approval prior to the transfer to a full-scale
production site. A pilot plant is an intermediate step between research
and full-scale production in support of clinical studies and trials
to ultimately submit to and obtain approval of a final product from
the Federal Food and Drug Administration (FDA).
See "development, planned office research."
The map or maps of a subdivision or site plan.
A roofed open area, which may be screened, usually attached
to or part of and having direct access to and from a building.
The conferral of certain rights, prior to final approval
after specific elements of a development plan have been agreed upon
by the Planning Board or Zoning Board of Adjustment and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Planning Board for consideration
and preliminary approval.
A "preservation easement" is a legal instrument that provides
enduring protection for a historic property. Residences, commercial
structures, farmsteads, and formal gardens are a few examples of the
types of historic properties protected by preservation easements.
The historic property should be listed or be eligible for listing
on the New Jersey Register of Historic Places or the National Register
of Historic Places. A preservation easement is recorded in deed form
in the county land records (source: New Jersey Historic Trust).
A building arranged, adapted or designed for the predominant
or primary use of the premises.
The primary or predominant use of the premises.
A business established for the purpose of the printing and
distribution of printed materials and transmission of data or communication
through a printed media.
An organization and its premises catering exclusively to
its members and their guests for social or intellectual purposes which
is not for profit and does not primarily render a service which is
customarily done as a business.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
Any media that has been staged in the physical public domain,
usually outside and accessible to all, which may include, but is not
limited to, murals, sculptures, statues, memorials, integrated architecture
and landscape forms.
A government-owned or -operated building, structure, or land
used for public purpose.
A facility with the primary function of generating, creating
or harnessing natural or man-made energy for essential services use
or distribution off-site, including electrical substations and switching
stations, or the disposal or treatment of water or wastes, not including
service yards or storage and treatment yards and facilities or wireless
telecommunications facilities.
A majority of the full authorized membership of a municipal
agency.
A landscaped, shallow depression that captures, filters and
infiltrates stormwater runoff while removing nonpoint source pollutants
from stormwater and recharging groundwater.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
An accessory recreational use located on the same lot as
the principal permitted use and designed to be used primarily by the
occupants of the principal use and their guests.
Recreational and athletic facilities operated by a private
organization and open only to bona fide members and guests of such
organization.
Recreational and athletic facilities operated by the City,
county or other governmental agency.
Facilities for leisure time activities which require equipment
and take place at prescribed places, sites or fields, including but
not limited to swimming, tennis, and/or other court games, other field
sports, running, jogging, water sports and playground activities.
Facilities for activities that involve relatively inactive
endeavors, including, but not limited to, walking, sitting, picnicking
and/or outdoor table games. Passive outdoor recreational facilities
may also include open areas suitable for nature walks and for scenic
observations.
A vehicle without permanent foundation that can be towed,
hauled or driven and designed to be used for recreational, camping
and travel use, including but not limited to trailers, campers, boats
and buses.
The act or enterprise of systematic search for, acquisition
of, and practical application of scientific knowledge in the biology,
chemistry, physics and engineering sciences, specifically including,
but not limited to:
Analytical, theoretical, experimental scientific investigation;
Design, engineering, development of materials, products, processes;
Assembly, fabrication, operation, processing of prototype materials,
processes, products as necessary for test, evaluation;
Pilot plant activities;
Distribution, storage of materials, processes, products as necessary
for test evaluation;
Direct administration, control, management, support of the above
activities and the personnel so employed, as necessary.
A facility housing research, as defined herein. Research
and research support uses include but are not limited to the following:
Laboratories devoted to experimentation in the biology, chemistry,
physics and/or engineering sciences, including the design, development,
engineering, and/or testing of materials, processes and products,
and the assembly, fabrication operation, and/or processing of prototype
materials processed and/or products for test and/or evaluation.
Rooms housing equipment and/or materials actively and directly
used in research and technology, including computer rooms, conference
rooms, libraries, and demonstration rooms.
Office space for employees, consultants, and/or visitors actively
participating in, supervising, or supporting research uses.
Cafeteria/kitchen space for serving employees and guests; shipping/receiving,
stockroom and storage facilities; support services; dispensary; and
exercise, locker, and shower rooms for employees.
A facility limited to laboratories engaged in scientific
investigation, testing or the production of factual information for
industrial, commercial or institutional purposes.
A contiguous area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Statewide requirements set forth in N.J.A.C. 5:21 et seq.
for improvements related to residential development, including streets,
parking, water supply, sanitary sewers and stormwater management.
An establishment with seating where food and drink is prepared,
served and consumed primarily within the principal building without
facilities for drive-through order or drive-through pickup or any
service from within the building to patrons outside at a pickup window,
counter or similar opening.
Any facility or part thereof, the primary, normal and usual
function of which is the sale of food and beverages prepared for immediate
consumption and packaged or wrapped in paper or other disposable containers
for sale over the counter or at a drive-up window to customers for
consumption within the building or off and away from the premises.
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 made
so as to combine existing lots by deed or other instrument.
An establishment in which food or drink is sold primarily
for off-premises preparation and consumption. A maximum of 12 seats
are permitted for on-site consumption, which shall not create an additional
parking requirement.
Establishments engaged in selling goods or merchandise to
the general public for personal, household or business use, not including
the sale or rental of transportables, sexually oriented businesses
as defined in Title 2C of the New Jersey Criminal Code, as amended,
junk- or scrapyards, petroleum and propane bulk stations or sale of
used automotive parts.
Establishments providing services, as opposed to products,
or both services and products, to the general public, including the
following: copy or printing centers; showrooms for household furnishings,
remodeling or decorating, which may also provide design services;
telephone services; opticians, pet care and grooming (but not including
kennels, shelters, overnight boarding, outdoor facilities or veterinary
services); photography studios; package wrapping and mailing services;
tax return preparation services; security and commodity brokers, dealers,
exchanges and services; banks or savings and loan institutions providing
direct customer services either through tellers or automated bank
machines; real estate agencies; travel agencies.
The boundary lines of land used or intended for use as streets
and from which yard and other requirements shall be measured. Where
existing records are vague, the right-of-way lines shall be as determined
by the City Engineer, or, in the alternative, they shall be considered
to be not less than 50 feet apart, and 25 feet from the center line
of streets.
An apparatus capable of transmitting and/or receiving signals
from geostationary orbital satellites, also known as a "satellite
earth station," and having a diameter of not more than 24 inches.
The density and setback regulations for each zone, presented
in a tabular format.
Any building or part thereof which is designed, constructed
or used for education of students up to and through the secondary
level and licensed by the State of New Jersey Department of Education.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A building or group of buildings in single ownership containing
separate spaces or compartments for dead storage of goods, wares and
equipment and leased or rented on an individual basis.
Any person who has attained the age of 62 years of age, or
the spouse of that person, or the surviving spouse of that person,
if the surviving spouse is 55 years of age or older.
Housing that is located and designed to meet the special
needs and accommodate the changing living arrangements of senior citizens.
A person fully employed in domestic duties while on the premises
and having no other employment.
That line to which a building must be set back from the property
line and that establishes the building envelope.
An assembly of retail stores designed and constructed as
a unit at one time, under single ownership or control at the time
of design and construction and located on a lot of at least one acre.
As defined and regulated in § 4-20 of the City of Summit Revised General Ordinances, a "sidewalk cafe" shall mean a retail food establishment:
Serving food to be consumed by the public at tables located
within that more or less rectangular portion of the sidewalk which
lies within the area bounded by the public street, the principal facade
of the adjacent building, and the imaginary perpendicular lines running
from the outer edge of such principal facade to the public street;
Containing readily removable tables, chairs, temporary railings
and/or planters; and
Unenclosed by fixed walls or ceilings, except for retractable
awnings, umbrellas or other nonpermanent enclosures which in no way
present a safety hazard to or impede pedestrian traffic.
A triangular-shaped portion of land established at intersections
and commercial property driveways in accordance with the requirements
of this chapter in which nothing shall be erected, placed, planted
or allowed to grow in such a manner as to limit or obstruct sight
distance of motorists entering or leaving the intersection.
Any device, fixture, placard or structure visible from the
right-of-way that uses color, form, picture, display, graphic, illumination,
symbol or writing to advertise, attract attention to, announce the
purpose of, or identify a person, entity or thing, or to communicate
any information to the public.
A portable sign that consists of two hinged signboards with
information on each side designed to be placed on the ground or hung
from the shoulders of an individual.
A sign which advertises or otherwise directs attention to
a use, business, products, commodity, service, activity or entertainment
manufactured, conducted, sold or offered elsewhere than on the premises
where such sign is located.
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 atmosphere, or made up of a series
of sections that turn.
See § 35-14.1S6a for measurement of area of individual
signs.
Any sign attached to any part of a building below the roofline.
Building signs include window signs and canopy signs.
Any sign on or attached to, an awning, marquee, or canopy,
fixed or movable, projecting from a building.
A temporary on-premises sign identifying the ongoing construction
activity during the time related to building or site improvements
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 and/or the builder, the architect, the engineer, and the
planner involved with the project.
Signs containing directional information whose purpose it
is to regulate and control the flow of vehicular and pedestrian traffic,
as well as signs containing directional information about public places
owned or operated by federal, state, county or local governments or
their agencies; publicly owned natural phenomena; historic, cultural,
scientific, educational and religious sites; areas of natural beauty
or naturally suited to outdoor recreation; and business establishments
in a facility with multiple occupancies.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure.
Any sign in place for 30 days or less.
Any sign that is placed within a window or upon the windowpanes
or glass or is visible from the exterior of the window.
Any window sign that is painted directly on the window glass
with permanent paint, or that is mounted by bolts or screw, or otherwise
in a permanent fashion, on a permanent structure.
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:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
wetlands and waterways;
The location of all existing and proposed buildings, driveways,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices;
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter by the
Planning Board or Zoning Board of Adjustment.
Individual single-family and two-family houses on existing
lots and building alterations which do not require additional parking
and which do not constitute a change in use.
A development that does not qualify as a minor site plan
or exempt site plan.
A development plan for a site that contains fewer than five
additional parking spaces or consists of less than 1,000 additional
square feet of floor area or less than 10% additional lot coverage.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
A plan that indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation.
An elevated structure providing a roof-like cover mostly
composed of solar panels and associated supporting features situated
above parking spaces, parking structures and pedestrian walkways,
with the additional benefit of providing shade.
A combination of photovoltaic cells or solar panels and associated
electrical generation and structural support equipment designed to
capture and convert solar energy into electricity for consumption.
A component of a solar energy system designed to absorb the
sun's rays as a source of energy to be converted into electricity
or heating.
Building design and construction which anticipates the needs
associated with installation and use of solar panels and eliminates
or minimizes the need for alteration and retrofitting to implement
solar systems, including the following considerations:
Roof slope that is oriented to optimize solar system performance.
Maximized roof area available for solar system by limiting area
dedicated to other roof-mounted mechanicals.
Building and roof structure is designed to accommodate the load
of solar equipment, including wind load and other environmental impacts.
Ensure access for service and maintenance needs of solar system
once installed.
Include conduit ducts and appropriate indoor equipment space
is included in building design and construction.
The keeping or placing of goods, wares, materials, merchandise
or equipment in a warehouse or other structure or in any open space.
An accessory building used for the storage of items, such
as, but not limited to, tools, lawn and garden equipment and furniture,
and similar items of personal property belonging to the occupant or
owner of the principal structure.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A "story above grade" shall be considered to be a story
but an attic shall not, subject to the conditions set forth in the
definitions of "attic" and "attic story."
Any story having its finished floor surface entirely above
the grade plane, except that a basement shall be considered to be
a story above grade where the finished surface of the floor above
the basement is:
A space under a sloping roof which has a line of intersection
of the roof and wall face not more than three feet above floor level
in which space the possible floor area with headroom of five feet
or less occupies at least 35% of the total floor area of the story
directly beneath, as established in and applicable to the TH-1 Townhouse
Zone only.
A street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
Which is an existing state, county or municipal roadway; or
Which is shown upon a plat heretofore approved pursuant to law;
or
Which is approved by official action as provided by this chapter;
or
Which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the right-of-way.
For the purpose of this chapter, in accordance with New Jersey
Department of Transportation regulations and identified in Appendix
I of this chapter,[8] "street" shall be classified as follows:
COLLECTORA street that provides access between local streets and primary and secondary arterial roads and that is designated in the duly adopted City Master Plan.
LOCALA street intended primarily for access to individual properties and designed for local traffic and that is defined in the duly adopted City Master Plan.
OTHER PRINCIPAL ARTERIALAny street or road intended to serve major feeder roads to and from the freeway systems and carry large traffic volumes at steady speeds through the City and that is defined in the duly adopted City Master Plan.
MINOR ARTERIALAny street or road that connects collector streets with primary arterial roads and freeways and acts as an alternate route for other principal arterial roads.
Constructed aboveground objects, such as outdoor seating,
kiosks, bus shelters, sculpture, tree grids, trash receptacles and
fountains that have the potential for enlivening and giving variety
to streets, sidewalks, plazas, and other outdoor spaces.
The elevation of the center line of a street.
A street which is owned and maintained by a private individual,
organization or company rather than by a governmental entity.
A street which has been accepted and is maintained by the
municipality.
A street running parallel to a freeway or major arterial
and that may serve abutting properties.
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.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this chapter if no new streets are created:
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons, and all of which are
found and certified by the administrative officer to conform to the
requirements of this chapter and are shown and designated as separate
lots, tracts or parcels on the Tax Map or Atlas of the City.
The term "subdivision" shall also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
Any subdivision containing not more than three lots and which
does not involve: a planned research office development; any new street;
or the extension of any off-tract improvement, the cost of which is
to be prorated pursuant to N.J.S.A. 40:55D-42.
An artificial basin or other structure for the holding of
water, constructed on residential premises or as part of a private
club or hotel for the sole use of the occupant of the premises, family
and guests, for wading, swimming, diving or other aquatic sports and
recreation. The term "swimming pool" shall not include any plastic,
canvas, rubber or other small receptacle temporarily erected on the
ground and which is less than 18 inches deep.
A portable containerized property storage facility or unit
intended to be temporarily utilized upon the exterior of residential
premises for the purpose of storing all types of items of personal
and household property either to facilitate movement of such property
to commercial storage facilities, facilitate the moving of persons
from household unit to household unit, and/or for temporary removal
to accommodate construction or renovation of the dwelling.
A facility used for viewing of live performances and/or films,
excluding adult entertainment uses.
See "dwelling, attached single-family/townhouse."
Property which is the subject of a development application.
All tract disturbances not associated with individual lots,
including areas disturbed for roadways and drainage systems.
Every vehicle with or without motive power, designed for
carrying persons or property and for being drawn by a motor vehicle.
A prefabricated container, trailer or converted or altered
vehicle body used or intended for use as temporary or permanent storage
on-site. The term "transportable" shall not include prefabricated
sheds for use on residential properties. "Transportable" shall include
emergency temporary residential transportables, temporary construction
site trailers and temporary storage transportables.
Any form of artificial illumination emanating from a lighting fixture, illuminated sign or other light source that penetrates other property in excess of the maximum lighting thresholds established in § 35-14.1M.
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or structure.
Permission to depart from the literal requirements of a zoning
regulation pursuant to this chapter.
The use of any building, land area or other premises for
the display and sale of new or used automobiles generally, but may
include light trucks or vans, trailers, or recreation vehicles and
including any vehicle preparation or repair work conducted as an accessory
use.
An open and/or enclosed area, other than a right-of-way or
public parking area, used for display, sale or rental of new or used
vehicles in operable condition and where no repair work is done.
See "exception."
A solid, vertical structure of wood, masonry or other material
serving to enclose, divide or protect an area.
A building in which goods, supplies, equipment, materials
or merchandise may be stored, where no physical change in such articles
takes place and where such articles are not otherwise used on the
premises, such as in storage areas when part of a retail establishment
or manufacturing plant.
Any natural or artificial collection of water, whether permanent
or temporary.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
Establishments or places of business primarily engaged in
selling merchandise to retailers; industrial, commercial, institutional
or professional business users; other wholesalers; or acting as agents
or brokers and buying merchandise for, or selling merchandise to,
such individuals or companies, not including the sale of used automotive
parts, junk and scrap yards or petroleum and propane bulk stations
or terminals.
Any personal wireless services as defined in the Telecommunications
Act of 1996[9] which includes FCC-licensed commercial wireless telecommunications
services, including cellular, personal communications services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging, and similar services that currently exist or that
may in the future be developed. It does not include any amateur radio
facility that is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas,
nor does it include noncellular telephone services.
Antenna of any type of design which is or may be used for
the delivery of wireless telecommunications, except for radio antennas,
dish antennas, or satellite receiving stations as otherwise regulated
in this chapter.
The area which houses any combination of WT equipment.
Any building, structure, or equipment, including, without
limitation, transmitters, power sources, or other equipment, except
antennas or towers, which are or may be used for the delivery of wireless
telecommunications.
Any person, business organization, or other entity, of any
kind, whether public or private, which seeks to install, operate,
or maintain any combination of WT technology within the boundaries
of the City of Summit, or which already operates or maintains such
WT technology as of the effective date of this chapter.
Collectively, refers to all WT antennas, WT equipment, WT
equipment compound, and WT towers.
A vertical structure which is or may be used to support any
WT antenna or other WT equipment, whether freestanding or attached
to any existing structure.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard shall
be unoccupied and unobstructed from the ground upward and downward
except as provided within 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 and 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.
The minimum open space established by the Zoning Ordinance
and situated between the right-of-way line and the permitted building
line, extending between side property lines. In the case of irregular
lots, the front yard shall extend to a line where the width complies
with this chapter. In the case of corner lots, the front yard shall
be measured along all adjoining streets.
The minimum open space established by the Zoning Ordinance
and situated between the rear property line and the permitted building
line and extending between side property lines.
The minimum open space established by the Zoning Ordinance
and situated between a side property line and the permitted building
line, and between the required front and rear yards. "Combined side
yard" means the total width of the two side yards expressed as a percentage
of the lot width.
A space extending from the front yard to the rear yard between
the principal building and the side lot line. Said side yard shall
be unoccupied and unobstructed from the ground upward, except as may
be permitted elsewhere in this chapter.
The combined side yard linear dimensions of a lot relative
to its lot width expressed as a percentage.
A certificate issued by the Department of Community Services
authorizing the specific use or occupancy of a property or premises,
or a portion thereof.
The administrative officer designated to administer the Zoning
Ordinance and issue zoning permits.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building.
Which acknowledges that such use, structure or building complies
with the provisions of this chapter or variance therefrom as duly
authorized by the appropriate agency of the City pursuant to N.J.S.A.
40:55D-60 and 40:55D-70.
[1]
Editor's Note: See N.J.S.A. 30:11B-1 et seq.
[2]
Editor's Note: See N.J.S.A. 26:2H-1 et seq.
[3]
Editor's Note: The Health Care Facilities Planning Act is
codified at N.J.S.A. 26:2H-1 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 30:5B-16 et seq.
[6]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
[7]
Editor's Note: The Appendixes are included as attachments to this chapter.
[8]
Editor's Note: Appendix I is included as an attachment to this chapter.
[9]
Editor's Note: See 47 U.S.C. § 521 et seq.
