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Township of Springfield, NJ
Burlington County
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Table of Contents
Table of Contents
Words and phrases shall be presumed to have their ordinary meaning, unless specifically defined or interpreted differently within this section or are defined in N.J.S.A. 40:55D-1 et seq. Disputes concerning the definition or interpretation of a word shall be resolved by the Zoning Board of Adjustment.
For the purpose of this chapter, certain grammatical phrases and words shall assume a different interpretation than is assumed in common usage, or as set forth in Chapter 1 of this Code, as follows:
A. 
The word “building” includes “structure” and any part thereof, and vice versa.
B. 
The phrases “used for,” “arranged for,” “designed for,” “intended for,” “maintained for” or “occupied for” include all of the others.
C. 
The word “includes,” or “including,” shall not limit the example, but is intended to extend.
[Amended by Ord. No. 96-20]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
An accessory apartment is a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household. The accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building as permitted within a residential zoning district.
[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]
ACCESSORY BUILDING
A nonagricultural building or structure which is customarily associated with and is subordinate and incidental to the principal building which is located on the same lot, including, but not limited to, garages, carports, decks, pet shelters, sheds, retaining walls, swimming pools and gazebos.
[Added 11-13-2001 by Ord. No. 2001-7]
ACCESSORY BUILDING, AGRICULTURAL USE
An agricultural building or structure which is customarily associated with and is subordinate and incidental to the principal building which is located on the same lot, including but not limited to barns, greenhouses, chicken coops, temporary and seasonal farm stands, sheds, silos and the like.
[Added 11-10-2010 by Ord. No. 2010-08]
ACCESSORY RESIDENTIAL USE
A use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental and subordinate to the residential use. Accessory residential uses shall not be interpreted to include the following: barber and beauty shops, barber and beauty schools, tea rooms, convalescent homes, stables, kennels or repair of internal combustion engines. Accessory residential uses shall be limited as follows:
A. 
Professional office of one physician, dentist, lawyer, architect, engineer, musician, artist, teacher, accountant, registered nurse or other similar professional person in a residential building, subject to the following special requirements in addition to all other applicable requirements of this chapter for the residential district in which such uses are located.
B. 
Customary home occupations such as millinery and dressmaking subject to the following special requirements.
C. 
A workshop other than a public garage or automobile repair shop.
D. 
Professional, customary home occupations and workshops shall be subject to the following standards:
(1) 
Three off-street parking spaces in addition to those otherwise required in this chapter.
(2) 
No more than two persons shall be employed to provide secretarial, clerical, technical or similar assistance.
(3) 
The area used for the above uses shall occupy no more than 25% of the total floor area.
(4) 
No storage of materials or products outside the dwelling unit shall be permitted unless completely housed.
(5) 
The use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.
(6) 
No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.
(7) 
No display of products shall be visible from outside the building.
E. 
Business signs consistent with the sign regulations.
F. 
Such business shall be operated by the residential owner or a member of the family provided they are occupants of the dwelling.
ACCESSORY USE or ACCESSORY
A use conducted on the same lot as a principal use to which it is related and located either within the same structure or in an accessory structure or as an accessory use of land, except that off-street parking need not be located on the same lot. It is a use which is clearly incidental to and customarily found in connection with a principal use.
ADMINISTRATIVE ACTIVITIES
Any business function in which there is not regular contact with the general public and no materials, products, goods or prepared foods are stored except for office consumption.
ADVERTISING SIGN
See “sign” and “billboard.”
AGRICULTURAL BUILDING
A structure located on land that has satisfied the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., which is designed, constructed and used to house farm implements and/or livestock or to grow, store and/or market the agricultural output of the farm, including but not limited to barns, greenhouses, chicken coops, farm stands, sheds and silos.
[Added 11-10-2010 by Ord. No. 2010-08]
AGRICULTURAL OUTPUT
Agricultural products and value-added items from those agricultural products.
[Added 11-10-2010 by Ord. No. 2010-08]
AGRICULTURAL PRODUCTS
Horticultural, viticultural, floricultural, forestry, dairy, livestock, fur-bearing-animal, poultry, bee and farm products.
[Added 11-10-2010 by Ord. No. 2010-08]
ALLEY
A minor way, which may or may not be legally dedicated, and is used primarily for vehicular service access to the rear or side of properties abutting on a street.
ALTERATIONS
Alterations include, but are not limited to, the following:
A. 
All incidental changes or replacement in the nonstructural parts of a building or other structure.
B. 
Minor changes or replacement in the structural parts of a building or other structure, limited to the following examples and others of similar character or extent:
(1) 
Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created thereby.
(2) 
Alteration of interior partitions in all other types of building or other structures.
(3) 
Making windows or doors in exterior walls.
(4) 
Strengthening the load-bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.
ANTENNAS, CELLULAR
Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as conditional uses in accordance with the specific zoning conditions and standards for their location and operation included within this chapter.
APARTMENT
See “dwelling, multiple.”
APARTMENT HOUSE
A detached building containing three or more separate attached dwelling units with common or separate entranceways, yard areas and common facilities, where one or more units is physically on top of other units or adjoined side by side. Each apartment house or group of apartment houses shall be erected and maintained in single and separate ownership or by a condominium as provided for from time to time by state law.
AREA OF BUILDING
See "lot coverage."
[1]
AUTOMOBILE LAUNDRY or CAR-WASHING FACILITY
A structure used for the purpose of cleaning or reconditioning the exterior and interior surfaces of automotive vehicles, but not including an incidental one-bay washing facility in a gasoline service station where washing facilities are purely incidental to the operation of such service station. A self-operated vehicular laundering facility not requiring attendants or employees, regardless of capacity, is also considered to be an automobile laundry.
AUTOMOBILE SALES BUILDING
A building used for the sale of, hire of or remuneration from automotive and other vehicles and equipment. This shall be interpreted to include auto accessory sales rooms but not the sale of junked vehicles and equipment.
AUTOMOTIVE AND/OR TRAILER SALES AREA
An open area, other than a public or private street or way, used for the display of sale of new and used vehicles, trailers, trucks or farm equipment and where no repair work is done except that which is minor and incidental, not including body and fender work.
AUTOMOTIVE GARAGE
Any premises used for the repair or servicing of vehicles, but not including automotive wrecking.
AVERAGE GROSS RESIDENTIAL DENSITY
The number of dwelling units per acre computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development excluding acreage devoted to commercial use.
BILLBOARD
A sign other than one indicating a business conducted on the premises, and a sign upon which advertising matter of any character is printed, posted or lettered by any means and is designed for such purposes. A billboard may be either freestanding or attached to a surface of a building or other structure.
BLOCK
A tract of land that may be bounded by:
A. 
Streets.
B. 
Public parks.
C. 
Railroad right-of-way, excluding siding and spurs.
D. 
Corporate boundary lines of the Township.
BUILDING AREA
The area of a horizontal section of building.
BUILDING HEIGHT
See “height of building.”
BUILDING LENGTH
The horizontal measurement of any continuous building wall.
BUILDING SETBACK LINE
An established line within a property defining the minimum required distance between the face of any structure to be erected and the adjacent right-of-way street line. This face, as measured to the major portion of the structure, includes sun parlors, foyers, bay windows, porches, projections, eaves, dormers, gutters, steps and any other solid projection and solid entrances. When landscape or other buffers are required by this chapter or any other Township ordinance or regulation, the building setback line is to be measured from the buffer line and not the street right-of-way line.
BULK
The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and includes the size, height and floor area of building or other structure; and all open areas in yard space relating to buildings and other structures.
CELLAR
See “basement.”
CELLULAR ANTENNAS
See “antennas, cellular.”
CEMETERY
Land used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries.
CENTER LINE OF STREET
See “street center line.”
CERTIFICATE OF OCCUPANCY
A statement signed by the construction official, setting forth that a building or structure or swimming pool does comply with this chapter or that a building, structure or parcel of land may lawfully be used for specified uses, or both.
CHANNEL
The bed and banks of streams and waterways in the Township which convey the normal flow of the stream that occurs most of the time.
CHURCH
A building used for public worship by a congregation, excluding buildings used exclusively for residential, education, burial, recreational or other uses not normally associated with worship.
CHURCH or HOUSE OF WORSHIP
Buildings designed or intended for public worship or religious education.
[Added 11-13-2001 by Ord. No. 2001-7]
CLUB
An organization operated for social or fraternal purposes.
[2]
COMMERCIAL FARM
[Added 11-10-2010 by Ord. No. 2010-08]
A. 
A farm management unit of no fewer than five acres, producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq.; or
B. 
A farm management unit of fewer than five acres, producing agricultural or horticultural products worth $50,000 or more annually, and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq.
CORNER LOT
See “lot, corner.”
COUNTRY CLUB
A club which may include a golf course containing not less than 60 acres for each nine holes of golf and/or associated recreational facilities.
COVERAGE
See “lot coverage.”
CRITICAL LANDS
Lands with slopes having a gradient of greater than 15%, seasonal high water table of zero to twofeet as delineated by the Burlington County Soil Survey, wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains and streams, including C-1 Category Streams, with their associated buffers as mapped by the NJ Department of Environmental Protection.
[Added 3-8-2006 by Ord. No. 2006-5]
CUL-DE-SAC
A street with access closed at one end and with a vehicular turnaround at the closed end.
CURB LEVEL
The elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where the building does not adjoin the street the average elevation of the proposed grade line of the ground immediately adjacent to the buildings as shown on the building plans shall be considered as the curb level.
CURBLINE
The line of the curb as presently existing or as may hereafter be established by the Township Council.
DENSITY
The number of dwelling units permitted in a development expressed as units per acre.[3]
DETACHED HOUSE
One which has yard areas on all sides and does not share a common wall with an adjacent residence.
DISTRICT
Zoning district established by this chapter.
DRIVEWAY
The vehicular entrance and exit for a land use.
DWELLING
A dwelling unit consists of one or more rooms for living purposes, together with separate cooking and sanitary facilities, and is accessible from the outdoors either directly or through an entrance hall shared with other dwelling units, and is used or intended to be used by one or more persons living together and maintaining a common household.
A. 
SINGLE-FAMILY DETACHED DWELLING- A building designed for and occupied exclusively as residence for only one family and having no party wall in common with an adjacent building.
B. 
(1) 
A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent dwelling. The above will be known as a duplex.
(2) 
A building designed for and occupied exclusively as a residence for only one family; applied to one of two houses which are detached from other buildings and joined together by a single party wall. The above will be known as a twin or two-family detached dwelling.
C. 
SEMIDETACHED TWO-FAMILY HOUSE- A structure containing separate residences for two independent households connected only by a single party wall and where each house shall sit on a separate subdividable lot.
D. 
MULTIPLE DWELLING- A building designed for three or more dwelling units.
E. 
TOWNHOUSE- A building that has not less than three or more than eight one-family dwelling units erected in a row as a single building on adjoining lots, each being separate from the adjoining unit or units by an approved masonry, party or partition wall or walls, thus creating distinct and noncommunicating dwelling units, such units intended for separate ownership or rental. This definition shall also include such terms as “rowhouse,” “patio house,” “court dwelling,” “maisonette,” etc.
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures.
EMPLOYEES or NUMBER OF EMPLOYEES
The greatest number of persons to be employed in the building in question during any season of the year, and any time of the day or night.
ENLARGEMENT
An addition to the floor area of an existing building, an increase in size or addition to another structure or an increase in that portion of a tract of land occupied by an existing use.
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 7-14-2004 by Ord. No. 2004-13]
FARM
A plot or parcel of land having an area of not less than six acres annually used for agricultural purposes.
FARM BUILDING
Any building needed for storing agricultural equipment or farm produce, housing livestock or poultry or processing agricultural products. The term “farm building” shall not include a dwelling.
[4]
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
[Added 11-10-2010 by Ord. No. 2010-08]
FARM MARKET
A freestanding permanent structure, no larger than 3,000 square feet not including outdoor marketing or display areas, for the wholesale or retail marketing of the agricultural output of a commercial farm. In addition, to qualify as a farm market, at least 51% of annual gross receipts must be generated from the sale of the agricultural output of the commercial farm operating the farm market.
[Added 11-10-2010 by Ord. No. 2010-08]
FARM STAND
A freestanding temporary structure, no larger than 600 square feet not including outdoor marketing or display areas, operated on a seasonal basis on a commercial farm for the retail sale of the agricultural output of that commercial farm. In addition, to qualify as a farm stand, at least 51% of annual gross receipts must be generated from the sale of the agricultural output of the commercial farm operating the farm stand.
[Added 11-10-2010 by Ord. No. 2010-08]
FLAG LOT
A lot with significantly reduced frontage on a public street, a relatively long access strip and an enlarged, buildable area, generally located at the rear of the lot at the end of the access strip. Lots fitting this description with access easements in lieu of road frontage also qualify as flag lots.
[Added 6-11-2003 by Ord. No. 2003-10]
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of buildings or structures compared to the total area of the site. The gross floor area as defined in this section shall be used in the calculation of the floor area ratio.
[Added 3-8-2006 by Ord. No. 2006-5]
FRONT YARD
See “yard, front.”
FRONT YARD LINE
See “yard line, front.”
GARAGE
Any structure having four sides and a roof and in at least one of the sides of which is an aperture or opening through which a vehicle may enter and leave and that may be closed by means of a door or doors, overhead or otherwise, and being intended for the storing or sheltering of vehicles.
GARAGE, PRIVATE
A garage in which no business, service or industry is carried on and which is designed to contain not more than four motor vehicles nor house trucks consistent with pound weight class provisions established in the A-10 and Hamlet Zoning Districts.
[Amended 11-8-2017 by Ord. No. 2017-07]
GARAGE, PUBLIC
Any garage not included within the definition of a private garage.
GARDEN APARTMENTS
A group of multifamily dwellings, architecturally designed with some of the units placed on top of other units, up to three stories in height, designed for rental or sale of the individual units, having common open spaces, and designed in accordance with the special requirements for such dwellings as set forth in this chapter.
GASOLINE SERVICE STATION
An area of land, together with any structure thereon used for the retail of motor fuel and lubricants and incidental services, such as lubrication and hand washing of motor vehicles, or the sale, installation or minor repair of tires, batteries or other automobile accessories.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development pursuant to N.J.S.A. 40:55D-45.2.
[Added 3-5-2003 by Ord. No. 2003-3]
GOLF COURSE
An open area and its necessary buildings, used for the playing of golf, not including a driving range, miniature course, or eating facilities in a separate building operated for additional profit.
GOODS
A finished product.
GRADE LEVEL
The mean elevation of the finished grade where such grade abuts a building.
GRAYWATER SEPTIC SYSTEM
A septic system devoted to treating effluent from residential clothes washers only and designed in accord with N.J.A.C. 7:9A-7.5.
[Added 3-8-2006 by Ord. No. 2006-5]
GROSS LEASABLE AREA
The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of outside walls.
HALF STORY
A story under a gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet nor less than one foot above the finished floor of such story.
HEIGHT OF BUILDING
The vertical distance measured from the average elevation of the proposed finished grades at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs, and to the main height between eaves and ridge for gable, hip and gambrel roofs; provided that chimneys, spires, towers, mechanical penthouses, tanks and similar projections of the buildings not intended for the human occupancy shall not be included in calculating the height. If there are two or more separate roofs on a single building, the height of such building shall be calculated from the highest roof.
HEIGHT OF SIGN
The vertical distance measured from ground level to the highest point on the sign, or its supporting structure.
HIGHWAY ACCESS POINTS
The distance between any vehicular entrance or exit to a street and the next adjoining vehicular entrance or exit on the same street.
HOME OCCUPATION
A business conducted in or from a single-family, nonfarm, detached dwelling and/or a permitted accessory building or structure, which is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements for home occupations as set forth for each district in which they are permitted.
[Added 11-13-2001 by Ord. No. 2001-7; amended 7-14-2004 by Ord. No. 2004-13]
HOME OFFICE
The use of a portion of a single-family detached dwelling as an office area for use only by a member or members of the household residing on the premises and subject to the requirements for home offices as set forth for each district in which they are permitted.
[Added 11-13-2001 by Ord. No. 2001-7; amended 7-14-2004 by Ord. No. 2004-13]
HOSPITAL
A public institution providing public health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facility.
HOSPITAL, VETERINARY
A structure designed or converted for the care and treatment of sick or wounded domestic animals, provided each hospital is on one acre or more of land.
HOTEL
A building having six or more rental rooms, without individual cooking facilities, for transient guests.
IMPROVED OPEN SPACE
That portion of a lot excluding areas set aside or used for building, parking, loading and street. Such area to be devoted to recreational uses, and/or play areas with appropriate recreational equipment, park furniture and landscape plantings.
IMPROVEMENTS
Any man-made, immovable item which becomes part of, placed upon or is affixed to real estate.
INSTITUTION
A building and land use partially for the human habitation of more than two unrelated persons who occupy the facility for a common purpose other than housekeeping.
INSTITUTIONAL BUSINESS OR TRADE SCHOOLS
A duly organized school giving instruction in business or vocational trade subjects.
JUNK
Any worn-out, cast-off or discarded article, part of an article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.
JUNKYARD
The use of any area, whether inside or outside a building, for the storage, keeping or abandonment of junk, including but not limited to, for the purpose of this chapter, the storage, keeping or abandonment of automobiles and motor vehicles and all related activities, and including, but not limited to, activities commonly known as “junkyards,” “salvage yards,” “automobile graveyards,” “automobile junkyards,” “automobile assembly yards,” “automobile wrecking yards” and “material waste handling”; and including, but not limited to, the conducting and operating of the business of selling, buying, storing or trading in used or discarded materials, lumber, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
KENNEL, COMMERCIAL
The keeping of more than three small animals that are more than six months old for breeding, sale or boarding. Such commercial kennels shall be permitted only in the CC Community Commercial District on lots of not less than one acre.[5]
KENNEL, HOBBY
The keeping of small animals for breeding and show purposes. Such uses shall be allowed only in the AR-3 Zone and in areas used for farming. However, hobby kennels shall not be included as part of normal farm operations. The minimum lot size for hobby kennels shall be one acre. If any home contains more than five cats and dogs in any combination, it shall be classified as a commercial kennel and shall be located only in the permitted district.[6]
LANDOWNERS
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if (s)he is authorized under the lease to exercise the rights of the landowner or other persons having a proprietary interest in land shall be deemed to be a landowner for the purpose of this chapter.
LANDSCAPE SCREEN
A completely planted visual barrier that complies with all of the standards and requirements set forth in Chapter 164, Site Plan Review.
LOADING SPACE
Paved accommodation off the street for loading of trucks, in the form of one or more truck berths located either within a building or on the same lot. The area of each berth shall be not less than 600 square feet, and it shall have a minimum clear height, including access to it from the street, of 14 feet.
LOT, CORNER
A lot abutting upon two or more streets at their intersection. The owner, when first applying for a building permit, shall designate which of the two streets is to be the principal frontage for the purpose of establishing the front, rear and side yard requirements of the lot.
LOT COVERAGE
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches, breezeways, projecting eaves, gutters, awnings steps, patios, decks, driveways, parking lots, sidewalks, and any other type of man-made impervious ground cover.
LOT DEPTH
The mean horizontal distance between the front or street lot line and the rear lot line.
LOT, INTERIOR
A lot, the side lines of which do not abut a street.
LOT LINE, FRONT
The line separating the lot from the street line.
LOT LINE, REAR
Any lot line, except a front lot line, which is parallel to, or within 45° of being parallel to, and does not intersect any street line. In the case of a corner lot, the owner or developer may show a different designation. See also “corner lot.”
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot line. In the case of a corner lot, the owner or developer may make a different designation. See also “corner lot.”
LOT, THROUGH
An interior lot having frontage on two streets or one street and an alley, but not satisfying the criteria of a corner lot.
LOT WIDTH
The straight line horizontal distance between side lot lines at setback points on each side lot line measured from the street line at the minimum required building setback line.
[Added 3-5-2003 by Ord. No. 2003-3]
MAJOR REPAIRS
Any repair or maintenance activity other than fluid changes or tire changes or any repair with a commercial value of greater than $150.
[Added 11-8-2017 by Ord. No. 2017-07]
MANUFACTURED HOME
See “mobile home.”
MARQUEE
A combination sign board and protective covering from the elements supported solely by the building to which it is attached.
MEDICAL CLINIC
A building constructed as a professional building for the offices of three or more medical practitioners.
MIXED OCCUPANCY
Occupancy of a building or land for more than one use.
MOBILE HOME
A structure, transportable in one or more sections, which is eight body feet or more in width and is 32 or more body feet in length and which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Such units are prohibited in all districts in the Township.
MODULAR UNIT
A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements which are to be incorporated into a structure at the site. The unit shall be fixed to a permanent foundation wherein such foundation and unit meets the requirements of the Uniform Construction Code.
MOTEL-HOTEL
A building, or a group of buildings, having units containing sleeping accommodations which are available for a temporary, rental occupancy by transients and providing sufficient off-street parking facilities adjacent or convenient thereto. A tourist home containing provisions or facilities for accommodation of more than two transient occupants not normally quartered on the premises shall be considered as a motel-hotel facility under the provisions of this chapter.
MULTIPLE-FAMILY DWELLING
See “dwelling, multiple.”
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Added 7-14-2004 by Ord. No. 2004-13]
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Added 7-14-2004 by Ord. No. 2004-13]
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Added 7-14-2004 by Ord. No. 2004-13]
NURSING OR CONVALESCENT HOME, SANITORIUM
A facility providing nursing services on a continuing basis and which admits the majority of the occupants upon advice of physicians as ill or infirm persons requiring nursing services and provides for physician’s services or supervision and maintains medical records, including also provisions for other similar medical or nursing services. Care for the acutely ill, or surgical or obstetrical services, shall not be considered similar services under this definition, nor shall hospitals be construed to be included in this definition.
OFF-STREET PARKING FACILITY
A parking area for the parking of passenger vehicles of the occupants, employees, visitors and patrons of specified types of building.
OUTSIDE FARMER’S MARKET
A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new or used household goods, personal effects, tools, artwork, small household appliances and similar merchandise, objects or equipment in small quantities. The term shall include personal service, food and auction establishments.
[Added 10-2-2002 by Ord. No. 2002-5]
PARKING AREA
An open, off-street land area, including parking spaces and access and egress drives or aisles, used or required by this chapter for parking of automobiles or other vehicles exclusively, and in which no gasoline or automobile accessories are sold and no other business is conducted.
PARKING SPACE
Accommodation for the parking of a motor vehicle on a lot provided for restricted use in connection with a particular business or private enterprise, or as an adjunct to a housing development or private residence, whether operated for gain or not, whether cooperatively established and operated or not. Such parking spaces may consist of parking lots, private garages or other structures and accessories. The net area of such parking berth, exclusive of access or maneuvering area, shall be not less than 171 square feet measuring nine feet by 19 feet and must be a paved surface.
PAVED AREA
A portion of land paved with a weatherproof surface for parking space, driveways or streets. In the computation of such, that area covered by buildings shall be excluded.
PICKUP TRUCK
A light-duty truck having an enclosed cab and an open cargo area with low sides and tailgate. It shall have no more than two axles.
[Added 11-8-2017 by Ord. No. 2017-07]
PORCH
A roofed, open structure projecting from the front, side or rear wall of a building having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof.
PRESCHOOL, NURSERY or DAY CARE CENTER
A school which provides daytime care and instruction of two or more children from two to six years of age inclusive, and operates on a regular or seasonal basis.
PROPERTY
A lot or plot with or without buildings or other improvements located thereon.
REAR YARD
See “yard, rear.”
REAR YARD LINE
See “yard line, rear.”
RECREATIONAL AREA
A private or public space including essential buildings and structures used for play and recreational space for individuals.
RENEWABLE ENERGY FACILITY
A facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy. Biomass or other such facilities are not renewable energy facilities as defined by this section and not considered permitted principal, conditional or accessory uses.
[Added 11-10-2010 by Ord. No. 2010-07]
RESIDENTIAL FLAT
A residential flat is a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household. The residential flat may be created within the 1.5 stories above permitted commercial or office uses located on the first floor.
[Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]
RESTAURANT
A public eating facility where patrons are first seated at tables, booths or counters, then order food from waiters or waitresses, which is then served to them at their tables booths or counters by such waiters or waitresses. The term “restaurant” does not include drive-in, drive-through or fast-food restaurants as defined herein. Except that a restaurant may have a take-out window as an auxiliary service of the overall operation.
[Amended 11-13-2001 by Ord. No. 2001-7]
RESTAURANT, DRIVE-IN AND/OR DRIVE-THROUGH
An establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked on the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
[Added 11-13-2001 by Ord. No. 2001-7]
RESTAURANT, FAST-FOOD
A restaurant, including drive-in and drive-through restaurants, which may or may not have tables, which is essentially designed to dispense quick, ready-made food of limited variety and at which the patron obtains food directly from the dispensing counter or take-out window for consumption on or off the premises.
[Added 11-13-2001 by Ord. No. 2001-7]
RETAIL SALES
Any sales of goods and services to the general public as distinguished from wholesale sales.
REZONING
The amendment or other alteration to any development regulation in existence within the Township through the legislative act of the Township Council by ordinance, resolution or motion, as those terms are defined by N.J.S.A. 40:49-1, and which are proposed by the Township Council, other agencies or boards of the Township, residents of the Township or other persons or entities having an interest in the development of land within the Township, and which is proposed or initiated for consideration during the time periods between the date reports are issued by the Planning Board in its periodic reexamination of the Master Plan, as required by N.J.S.A. 40:55D-89. This term shall not include any amendment or other alteration to any development regulation which is recommended in the periodic report required by N.J.S.A. 40:55D-89, the Council finding that those amendments or alteration would be developed from a comprehensive review of the Master Plan and therefore should be free from the procedures set forth for rezoning set forth in this chapter.
REZONING APPLICATION
The application for rezoning.
RIGHT-OF-WAY
See “street line.”
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
[Added 11-10-2010 by Ord. No. 2010-07]
RURAL PLANNING DISTRICT
Lands designated on the Zoning Map for establishing development potential to transfer to Planned Development Overlay Districts.
[Added 3-8-2006 by Ord. No. 2006-5]
SCHOOL, PRIVATE
A duly organized school, other than a public school, giving regular instruction in subjects ordinarily taught in the public schools, and not under the jurisdiction of the school district.
SECTION
A geographical area or tract which is part of a proposed development, which will be developed according to a timetable for development over a period of years, included by the applicant in the development plan.
SEMIDETACHED TWO-FAMILY HOUSE
See “dwelling, semidetached two-family house.”
SETBACK
See “building setback line.”
SHED
An accessory structure no larger than 200 square feet and 15 feet in height designed and used for the storage of the property owner’s lawn and garden tools, equipment, furnishings and the like.
[Added 11-13-2001 by Ord. No. 2001-7]
SIDE YARD
See “yard, side.”
SIDE YARD LINE
See “yard line, side.”
SIGN
Any conspicuous notice designed to identify, inform, guide or advertise, and shall include every sign, billboard, ground sign, roof sign, illuminated sign, wall sign, projecting sign, temporary sign, pylon or pole sign, marquee and every awning, canopy or street clock which includes any announcement, declaration, demonstration, display illustration or insignia used to identify or promote the interests of any person, whether the same is placed indoors or out of doors, in such a manner that it is in view of the general public.
SIGN, ADVERTISING
A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words “advertising sign” include the word “billboard.” Neither directional, warning nor other signs posted by officials in the course of their public duties shall be construed as advertising signs.
SIGN, BUSINESS
A sign which offers services or goods available on the lot on which the sign is located.
SIGN, TEMPORARY
A sign which offers premises for sale, rent or development, or advertises the services of professionals or building trades during construction or alteration of the premises upon which the sign is located.
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined in this section, that is used to generate electricity, has a nameplate capacity of 100 kilowatts or less, and is as high as necessary to capture the wind energy resource at a maximum of 150 feet in height.
[Added 11-10-2010 by Ord. No. 2010-07]
SOLAR AND PHOTOVOLTAIC FACILITY
A facility and all associated equipment that engages in the production of electric energy from solar or photovoltaic technologies.
[Added 11-10-2010 by Ord. No. 2010-07]
STREET
Includes a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET CENTER LINE
A line, usually at an equal distance from both street lines, curblines or right-of-way lines.
STREET LINES
The lines upon which the width of the abutting street is established; i.e., the property line and not the curbline.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SWIMMING CLUB
A club, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with or without specified limitations upon the number of members, for the exclusive use of members and their guests.
SWIMMING POOL, PRIVATE
A swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his/her household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
TESTING
A function involved in the examination of the qualities, performances or capabilities of a product, goods or material.
TRAILER
Any unit used or intended to be used for living, sleeping or business purposes by one or more persons, which was originally equipped with wheels or similar devices used for the purpose of transporting such unit from place to place, whether it was self-propelled or otherwise, whether or not the wheels or similar devices have been removed, and whether or not it is placed upon a masonry or other substantial foundation. Trailers, as defined herein, do not include self-propelled motor vehicles registered with the State of New Jersey Division of Motor Vehicles and commonly known as “recreational vehicles,” nor does this term include recreational vehicles registered with the Division of Motor Vehicles which are drawn by another motor vehicle and joined by means of a coupling device.
UNDERTAKING ESTABLISHMENT
A licensed mortician concerned with the arrangement of cremation or burial of the dead and the overseeing of burials.
USE
Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.
USED CAR LOT
An area used for the storage and display of used automobiles advertised for sale, including motorcycles, trucks and any other motorized vehicle.
USE, PRINCIPAL
The main or primary purpose or purposes for which land, a structure, building and/or a sign, or use therefor, is designed, arranged or intended or for which they may be occupied or maintained under the provisions of this chapter. All other structures, buildings, signs or uses on the same lot and incidental or supplementary thereto and permitted under the provisions of this chapter shall be considered accessory uses.
VARIANCE
Permission to depart from the literal requirement(s) of this chapter.
[Added 9-12-2007 by Ord. No. 2007-06]
VARIANCE, CONDITIONAL
A variance that is conditioned upon the receipt of one or more outside agency approvals and/or the receipt of subdivision or site plan approval.
[Added 9-12-2007 by Ord. No. 2007-06]
VARIANCE, FARMLAND PRESERVATION
A variance granted in connection with and/or conditioned upon the enrollment of the property or a related farm property into the farmland preservation program.
[Added 9-12-2007 by Ord. No. 2007-06]
VARIANCE, INCIDENTAL
A Subsection c variance granted in connection with subdivision or site plan approval.
[Added 9-12-2007 by Ord. No. 2007-06]
VARIANCE, SIMPLE
A variance granted by the Board of Adjustment that is not conditioned upon subdivision or site plan approval or the receipt of one or more outside agency approvals.
[Added 9-12-2007 by Ord. No. 2007-06]
WIND ENERGY SYSTEM
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
[Added 11-10-2010 by Ord. No. 2010-07]
WIND GENERATOR
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.
[Added 11-10-2010 by Ord. No. 2010-07]
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic electrical energy produced from wind, solar or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure. This shall not include solar water heating systems.
[Added 11-10-2010 by Ord. No. 2010-07]
YARD
An open space extending between the closest point of any building and a lot line or street line. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades.
YARD, FRONT
The open space extending across the full width of a lot between the street line and the building.
YARD, REAR
The open space extending across the full width of the lot between the rear lot line and the building.
YARD, REAR, FOR IRREGULAR LOTS
Where the above definition for rear yards cannot be used because the lot is irregularly shaped, the following method shall apply. The required rear yard shall be measured by extending the line of the side exterior walls and/or offsets in exterior walls of the structure until such wall lines meet the minimum rear yard requirement. The section of open space thus created shall be designated as the rear yard.
YARDS FOR CORNER LOTS
On corner lots, both yards bordering the streets shall be considered as street setbacks. Such street setbacks shall be measured from the ultimate right-of-way line set forth on the official tax map of the Township, or from the public right-of-way, whichever is in effect.
YARD, SIDE
The open space extending the full length of the side lot lines.
ZERO LOT LINE HOUSE
A detached single-family house situated so that a side wall of the house is located along the side property line of the lot, so that such a lot contains only one side yard. No window openings shall be permitted within the side wall located on the property line.
ZONE
Zoning district established by this chapter.
[1]
Editor's Note: The former definition of “attached dwellings in clusters,” which immediately followed this definition, was deleted 7-14-2004 by Ord. No. 2004-13.
[2]
Editor's Note: The former definition of “community,” which immediately followed this definition, was deleted 7-14-2004 by Ord. No. 2004-13.
[3]
Editor's Note: The former definitions of “design flood (floodway or flood hazard area)” and “design flood profile (floodway or flood hazard area),” which immediately followed this definition, were deleted 7-14-2004 by Ord. No. 2004-13).
[4]
Editor's Note: The former definitions of “flood hazard area,” “flood maps,” “floodplain” and “floodway,” which immediately followed this definition, were deleted 7-14-2004 by Ord. No. 2004-13.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
A. 
General rules. Measurements from rights-of-way or watercourses shall be taken from the edge of the right-of-way rather than center.
B. 
Specific area and bulk measurements. The following regulations shall prescribe the manner in which distances are measured:
(1) 
Land area. A two-dimensional computation using the linear measurement of the boundary lines of the lot.
(2) 
Building area. A two-dimensional computation using the linear measurements of the exterior surface boundary lines taken at the building’s largest horizontal cross-section.
(3) 
Building length. The measurement shall be extended in only one general direction.
(4) 
Distance between buildings. The measurement shall be at the narrowest point.
(5) 
Highway access points. The measurement shall be taken along the street line.
(6) 
Parking perimeter radius. The measurement shall extend form a public entranceway.
(7) 
Setback line. The measurement shall extend perpendicular to the street line.
(8) 
Lot frontage on radius. For all lots fronting on a street radius the lot width will be measured at the right-of-way line.
(9) 
Lot sizes. In all districts the minimum lot square footage shall be adhered to and one side line and the frontage must conform to the minimum requirements.