The words and terms in this Chapter 24 which are also defined in N.J. COAH Regulations N.J.A.C. 5:91-1.2 and 5:93-1.3 shall have the definitions set forth in the N.J. COAH Regulations.
**Webmaster's Note: The previous subsection has been amended as per Ordinance # 1294
As used in this Chapter:
ACCESSORY USE OR STRUCTURE shall mean use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building.
ADULT HOMES shall mean housing intended exclusively for persons fifty-five (55) years of age or older and the spouses of such persons; when necessary for the care of persons fifty-five (55) years of age or older, one (1) person other than a spouse under fifty-five (55) years of age is permitted in each household.
AFFORDABLE HOUSING PLAN shall mean Ordinance No. 1294 adopted in 1998 which sets forth regulations regarding the rental and sale of low and moderate income units in the Township of Mahwah. (Section 24-13)
ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to hospital use and treatment.
ANIMAL KENNEL shall mean any building, structure or premises in which animals are kept, boarded or trained for commercial gain.
APPLICANT shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.
AUTOMOBILE SERVICE STATION OR GASOLINE STATION shall mean a building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered.
BASEMENT shall mean a story partly above grade level, having more than one-half () of its floor-to-ceiling height above the average level of the adjoining ground. A "basement" shall be counted as a story if used for business or dwelling purposes.
BUILDING shall mean an enclosed structure having a roof supported by columns or walls. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up to and through the roof, each part is deemed a separate building, except as regards minimum side yard requirements.
BUILDING HEIGHT shall mean the vertical distance from the average point of the finished grade to the mean level of the roof.
BUILDING, PRINCIPAL shall mean a structure in which is conducted the principal use of the site on which it is situated.
CARPORT shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides.
CELLAR shall mean a story partly above grade level, having more than one-half () of its floor-to-ceiling height below the average level of the adjoining ground. No "cellar" or portion thereof shall be used as a dwelling unit.
COMMON OPEN SPACE shall mean 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.
**Webmasters Note: The previous definitions are current as per Supplement No. 9.
COURT shall mean any area which is bounded by three (3) or more attached building walls.
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required.
DISTRICT OR ZONE shall mean any portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter.
DWELLING shall mean any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons.
a. DWELLING, ONE-FAMILY shall mean a building occupied or intended for occupancy exclusively by one (1) family or one (1) household, with two (2) separate direct means of access to the outside and further provided with cooking, sleeping and sanitary facilities for the use of the occupants of the unit. Also referred to as a "single-family dwelling.
b. DWELLING, TWO-FAMILY shall mean a building occupied or intended for occupancy as separate living quarters for no more than two (2) families or two (2) households, with two (2) separate means of access to the outside for each dwelling and with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to and through the roof or by horizontal floors; also referred to as a duplex dwelling
c. DWELLING, MULTIFAMILY shall mean a structure or building occupied or intended for occupancy as separate living quarters for more than two (2) families or households, with two (2) separate direct means of access to the outside for each dwelling unit and further provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, DETACHED shall mean a dwelling which is completely surrounded by permanent open spaces.
DWELLING UNIT shall mean one (1) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) 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 occupants thereof. Occupancy by more than one (1) family or household within a single dwelling unit shall constitute a violation of this Chapter.
ESSENTIAL SERVICE shall mean the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health, safety or general welfare.
FAMILY shall mean a group of persons functioning as a single housekeeping unit and whose relationship is of a permanent, stable and domestic character as distinguished from non-familial institutional uses, boarding homes, fraternities, sororities, clubs, associations, transient housing or other similar forms of housing.
FARM shall mean an area of land which is actively devoted to agricultural or horticultural use which occupies no less than five (5) acres, exclusive of the land upon which the farmhouse is located and such additional land, in conformance with the minimum lot size of the residential zone in which the farm is located, as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.
FITNESS AND HEALTH CLUB shall mean a membership establishment that provides some or all of the following uses and activities provided that same are completely located within an enclosed building:
a. Aerobic areas.
b. Free weight areas.
c. Cardiovascular areas.
d. Work out floors.
e. Swimming pools.
f. Basketball courts.
g. Racquetball courts.
h. Tennis courts.
1. Rock-climbing facilities.
j. Sports facilities for soccer, lacrosse, football, softball, baseball and golf and similar sports activities.
k. Running and jogging tracks.
l. Men's and women's locker rooms.
m. Men's and women's showers, saunas and steam rooms and bathrooms.
n. Exercise machine areas.
0. Boxing areas.
p. Hot tub/Jacuzzi facilities not to exceed one (1%) percent of the gross floor area.
q. A "juice bar" or snack bar type service provided that said services are limited to no more than one point five (1.5%) percent of the gross floor area of the proposed building. Under no circumstances shall a restaurant, cafe, luncheonette, cafeteria or other similar facility, including take-out services, be permitted within said fitness and health club.
r. Storage facilities related to other permitted use established herein.
s. Pro-shop, provided that said uses shall not exceed two (2%) of the gross floor area.
t. Office spaces devoted to sales, maintenance and operation of the fitness and health club facility, provided that said areas do not exceed four (4%) percent of the total floor area.
u. Maintenance and laundry facilities directly related to the business and operations of the fitness and health club.
v. Child care facilities.
**Webmasters Note: The previous definition has been added as per Ordinance No. 1653.
FLOOR AREA shall mean the sum of the gross horizontal area of the several floors of a building measured from the exterior walls in a building. "Floor area" shall not include the area devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles or to any space where the floor-to-ceiling height shall be less than seven (T) feet six (6") inches.
FLOOR AREA RATIO shall mean the ratio of floor area to land area.
GARAGE shall mean a building or a structure used for the storage of one (1) or more vehicles. If it is maintained primarily for the convenience of the resident-occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.
GARDEN APARTMENTS shall mean one (1) or more multiple family buildings not exceeding two and one-half (2-1/2) stories or thirty-five (35') feet in height, containing off street parking, outdoor recreational facilities and as more fully required herein. Each dwelling unit therein shall contain two (2) separate direct means of access to the outside.
GRADE shall mean a reference plane representing the average of finished ground level adjoining the building at the four building corners of the structure.
GROSS DENSITY shall mean the total number of dwelling units on the tract divided by the total area of the tract, including environmentally sensitive or restricted areas. The result is expressed as dwelling units per acre (du/ac).
HABITABLE SPACE shall mean living space and rooms and other than common hallways, cellar, storage space, garage and basement.
HEALTH AND WELLNESS CENTER shall mean a hospital sponsored establishment that provides services, facilities and education to promote health, healthcare, wellness, fitness and health maintenance. Such services and facilities include exercise and fitness facilities, fitness training and education, restorative health services, physical, speech and occupational therapy, cardiovascular wellness training and similar facilities and services to enhance health, fitness, wellness and well- being. Such services, facilities and education to be provided by professional training, health, nutrition and medical personnel to the general public. Specific uses shall, at a minimum, include the following:
a. Exercise and fitness rooms and equipment.
b. Cardiovascular wellness and strength training.
c. Individual and group fitness and exercise programs.
d. Community health education programs and individual health education counseling.
e. Classrooms, meeting rooms and conference rooms.
f. Nursing and physicians offices and medical exam rooms affiliated with the use of the Health and Wellness Center not to exceed four percent (4%) of the gross floor area.
g. Rehabilitative services conducted by licensed rehabilitation, therapy or health care professionals which may include medical spas for rehabilitative therapy services provided by licensed professionals and facilities, cardiac rehabilitation, physical, speech and occupational therapies.
Additional uses may also include the following:
h. Swimming pools, lap pools, therapy pools, whirlpools, locker rooms, private changing rooms, steam rooms, saunas and showers.
1. Programs to provide individual and group aquatic exercise and rehabilitation programs.
j. Health research library and computers.
k. Child care facilities.
l. Cooking classrooms for the training and instruction of the preparation of healthful diets.
m. Cafe serving food and beverages in an area not to exceed three percent (3%) of the gross floor area of the proposed facility with no more than fifty (50) seats.
n. Retail sales of durable medical equipment and health related merchandise, vitamins and supplements, apparel, educational material, and other items consistent with the Health and Wellness Center use. The retail space shall not exceed two percent (2%) of the gross floor area of the proposed facility.
0. Storage facilities related to the Health and Wellness Center use; maintenance and laundry facilities related to the business and operation of the Center.
**Webmasters Note: The previous definition has been added as per Ordinance No. 1653.
HEIGHT, BUILDING shall mean the vertical distance from the average point of the finished grade to the mean level of the roof
HEIGHT, COURT shall mean the vertical distance from the lowest level of the court to the mean height of the top of the enclosing walls.
HEIGHT, STORY shall mean the vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists, or, when there is not a ceiling, to the top of the roof rafters.
**Webmasters Note: The previous definitions, Family through Height, Story, have been amended as per Supplement No. 10.
HEIGHT, WALLS shall mean the vertical distance from the foundation wall or other immediate support of such wall to the top of the wall
HISTORIC SITE shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated.
HOME OCCUPATION shall mean a lawful service occupation or service profession which is customarily carried on in a residence and is clearly incidental and secondary to the residential use of the premises.
HOME OFFICE shall mean the use of a portion of a single family dwelling as an office area for use only by members of the household residing on the premises.
HOOFED ANIMALS shall mean any animal which is a solid-hoofed or cleft-hoofed quadruped, including but not limited to horses, ponies, sheep, goats, cows, donkeys and mules, but excluding swine and pigs, whether mature animals or their young
HOUSEHOLD shall mean a group of not more than three (3) persons who are not related by blood, marriage or adoption, living together as a single housekeeping unit.
IMPROVED LOT coverage shall mean the percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking lots and garages and other manmade improvements
INDUSTRIAL PARK shall mean a contiguous tract of land or ten (10) acres or more upon which the principal use shall be one (1) or more industrial uses, which shall be developed or subdivided as a single planned entity and shall meet the requirements of this Chapter.
LOT shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit
a LOT, CORNER shall mean a parcel of land at the junction of and abutting on two (2) or more intersecting streets.
b LOT, INTERIOR shall mean a parcel of land other than a corner lot.
c LOT, THROUGH shall mean a parcel of land which extends through from one street to another.
LOT AREA shall mean the computed area contained within the lot lines.
LOT COVERAGE shall mean that portion of a lot which is occupied by buildings and accessory structures but not including walkways, driveways, patios and open parking lots.
LOT DEPTH shall mean the mean horizontal distance between the front lot line and rear lot line, measured at the following points: (1) at the midpoint of the front lot line to the midpoint of the rear lot 1ine, and (2) at a point where the two opposing side lines are closest to each other, draw a straight line along each side of the lot that extends as close as perpendicular as possible from the front lot line, to the rear lot line. In the case of a triangular shaped lot, wherein there is no discernable rear lot line, the lot depth measurement shall be taken from the midpoint of the front lot line to the intersection of the side lot lines where that occurs most distant from the front lot line.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 1482.
LOT FRONTAGE shall mean the length of the front lot line.
LOT LINE shall mean a line of record bounding the lot
a LOT LINE, FRONT shall mean the lot line separating the lot from the street right-of-way, also referred to as a "street line "
b LOT LINE, REAR shall mean the lot line opposite and most distant from the front lot line.
c LOT LINE, SIDE shall mean any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT WIDTH shall mean the distance between the side lines, measured parallel to the front lot line at the required front yard setback line.
MOBILE HOME shall mean any commercially manufactured vehicle, or combination thereof, used, designed or intended for use, for permanent occupancy as living quarters for one (1) family or household, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, propelled by the power of another vehicle to which it may be attached, and whether the axle or carriage to which the wheels may be affixed is detachable or detached.
MOBILE HOME PARK shall mean one (1) or more parcels of land under single ownership which have been planned for the placement of two (2) or more mobile homes, appurtenant structures or additions.
MOTOR VEHICLE BODY REPAIR SHOP shall mean a place of business within a principal building where the bodies of motor vehicles are repaired and/or rehabilitated. Motor vehicles shall be limited to passenger cars, vans and small trucks not exceeding two (2) tons in weight classification. Permitted activities include metal fabricating and refinishing, sanding and painting and other related mechanical activities necessary to repair auto bodies.
NET DENSITY shall mean the total number of dwelling units within a designated residential land use parcel divided by the total land area of the designated residential land use parcel less major recreational facilities, streets and public facilities within the parcel. The result is expressed as dwelling units per acre (du/ac).
NONCONFORMING LOT shall mean a lot the area, dimension or location of 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 reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE shall mean a structure the size, dimension or location of 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 reason of such adoption, revision or amendment.
NONCONFORMING USE shall mean 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 reason of such adoption, revision or amendment.
NUISANCE shall mean any unlawful use or uses which are unreasonable under all circumstances or which will endanger the health or welfare of the adjacent properties.
OFF-SITE shall mean 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 contiguous portion of a street or right-of-way.
OFF-TRACT shall mean not located on the property which is the subject of a development application, nor located on a contiguous portion of a street or right-of-way.
ON-SITE shall mean located on the lot in question.
**Webmasters Note: The previous definitions Lot Width through On-Site is current as per Supplement No. 9.
ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed 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.
PARKING AREA, PRIVATE shall mean any open area used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.
PARKING AREA, PUBLIC shall mean any open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.
PATIO HOMES shall mean an attached grouping of not more than two (2) residential dwelling units separated by vertical walls coincidental with a common lot line, with two (2) separate means of access to the outside for each dwelling and with separate cooking, sleeping and sanitary facilities for each unit.
PERSON shall mean any individual, association, partnership, corporation or cooperative group.
PLAN shall mean the provisions for development of a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities. The phrase "provisions of the plan," when used in this Chapter, shall mean the written and graphic materials referred to in this definition.
PLANNED COMMERCIAL DEVELOPMENT OR SHOPPING CENTER shall mean an area of a minimum contiguous size as specified in this Chapter to be developed according to a plan as a single entity containing one (1) or more -structures with appurtenant common areas to accommodate commercial or office uses, or both.
PLANNED DEVELOPMENT shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT shall mean an area of a minimum contiguous size as specified in this Chapter to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses.
PLANNED RESIDENTIAL DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential development and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this Chapter.
PLANNING BOARD shall mean the Planning Board of the Township.
PROFESSIONAL AND BUSINESS OFFICE shall mean a use or uses conducted entirely within a structure for the purpose of providing a professional service or conducting a business office therein, restricted solely to administrative office activities, specifically excluding the sale or transfer of any physical products or goods from the site.
PUBLIC AREAS shall mean 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.
PUBLIC OPEN SPACE shall mean 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 or conservational uses.
RESIDENTIAL CLUSTER shall mean an 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.
RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a planned development.
RESTAURANT shall mean a building or structure designed, used or intended for use in which either food or beverage or both are sold and consumed primarily within the confines of an enclosed structure on the site. A "restaurant" shall not include refreshment stands commonly called snack or dairy bars where consumption takes place outside of the structure or in automobiles parked upon the premises whether brought to the automobile by the customer or by employees of the establishment. A "restaurant" shall also include pickup or delivery services wherein food is prepared on the premises for off-premises consumption.
SHOPPING CENTER - See planned commercial development
SIGN shall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SIGN, ADVERTISING shall mean a sign which directs attention to an individual, business, product or service conducted, sold, leased or offered elsewhere than on the premises where the sign is located. For the purpose of this Chapter, a billboard shall be considered an advertising sign.
SIGN, AREA OF shall mean that area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four (4) sided (straight side) geometric shape which most clearly outlines the said sign.
SIGN, AREA IDENTIFICATION shall mean a sign used to identify a common area containing a group of structures, or a single structure on a minimum site of five (5) acres, such as residential subdivisions, apartment complexes, industrial parks, mobile home parks, or shopping centers; located at the entrance or entrances of the area, and including but not limited to a fence, wall, archway, post or column, with the letters or symbols affixed thereto.
SIGN, BANNER shall mean a sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation's applied to paper, plastic, or fabric of any kind.
SIGN, BUSINESS shall mean a sign used to identify either the trade, business, industry, or profession being conducted on the premises. Logo identification which is used to advertise a product, such as but not limited to "Coca Cola" or "We Sell Kodak Film", shall not be deemed to be a permitted business sign, except that personal logos, not to be used to advertise a product, shall be permitted.
SIGN, DIRECTIONAL OR INFORMATIONAL shall mean a non-advertising sign which directs attention to vehicular or pedestrian entrances or exits, parking areas, reserved parking spaces or similar site elements and is intended only for the safety and convenience of employees, patrons or visitors. No directional or informational sign shall exceed three square feet in area.
SIGN, FLASHING shall mean an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
SIGN, FREE-STANDING shall mean a sign having not more than two display sides which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary.
SIGN, GROUND shall mean a sign having not more than two (2) display sides set firmly in or below the ground surface.
SIGN, HEIGHT shall mean a free-standing or pylon sign which shall be measured from the ground surface beneath the sign to the highest point of the sign.
SIGN, LENGTH shall mean no sign area shall have a length greater than four (4) times its height.
SIGN, MOVING shall mean a sign which rotates or shifts, or appears to rotate or shift position.
SIGN, POLITICAL shall mean a sign containing a statement about or endorsement of, any public issue or candidate(s) for public office.
SIGN, PORTABLE OR "A" FRAME shall mean an advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable and not permanently attached thereto and which is usually two-sided.
SIGN, PROJECTING shall mean any sign that is affixed at an angle or perpendicular to the wall or facade upon which it is mounted, projects more than twelve (12") inches from the wall or facade upon which it is mounted or projects above the top or beyond either side of the wall or facade upon which it is mounted.
SIGN, PYLON shall mean a sign having not more than two (2) display sides which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary.
SIGN, REAL ESTATE shall mean a sign placed upon a property for the purpose of advertising to the public the sale or lease of the property placed thereon.
SIGN, ROOF TOP shall mean any sign wholly erected, constructed or maintained on the roof or parapet of a structure.
SIGN, TEMPORARY shall mean a non-permanent, nonilluminated wall or free-standing sign.
SIGN, WALL shall mean a sign affixed to or painted on and parallel with the surface of a wall or facade. A sign affixed to or painted on an awning, marquee or canopy shall be considered a wall sign.
SITE PLAN shall mean a representation of the proposed development, redevelopment, expansion or improvement of one (1) or more parcels of land and/or buildings in accordance with the rules and procedures of the Mahwah Township Site Plan Ordinance.
STANDARDS OF PERFORMANCE shall mean standards adopted by ordinance regulating noise levels, glare, earth-borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matter, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township, or standards required by applicable Federal, State or interstate law.
STORY shall mean that portion of a building included between the upper surface of the floor or roof next above.
a. STORY, ABOVE GRADE shall mean any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six (6') feet (1829 mm) for more than fifty (50%) percent of the total perimeter or more than twelve (12') feet (3658 mm) at any point.
b. STORY, HALF shall mean a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4') feet above the floor of such story.
c. STORY, FIRST shall mean the lowest story or the ground story of any building, the floor of which is not more than twelve (12") inches below the average contact ground level at the exterior walls of the building.
STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or Municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is shown on a plat duly filed and recorded in the office of the County recording officer prior to the appointment of a Planning Board and the grant of such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SWIMMING POOL shall mean any structure having a depth greater than two (2') feet and a water surface area in excess of two hundred fifty (250) square feet which is used for swimming, bathing or wading purposes.
TOWNHOUSE shall mean a building or structure designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by not more than two (2) party walls extending from the foundation to the roof and providing two (2) direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this Chapter, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
USE shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE shall mean the Board of Adjustment's authorized departure from the literal requirements and terms of this Chapter in accordance with the procedures contained herein.
YARD shall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted:
a. YARD, FRONT shall mean an open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this Chapter. The depth of the front yard shall be measured parallel to and at right angles to the front lot line.
b. Yard, rear shall mean a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal or accessory building. The depth of the rear yard shall be measured parallel to the rear property line.
c. Yard, side shall mean an open, unoccupied space between the side line of the lot and the nearest line of the principal or accessory building and extending from the front to the rear yard. The width of the side yard shall be measured parallel to the side line of the lot.
ZONING BOARD shall mean the Board of Adjustment as continued under this Chapter.
ZONING MAP shall mean the Zoning Map of the Township of Mahwah, New Jersey, dated July 30, 1976, together with all amendments subsequently adopted.
ZONING OFFICER shall mean the Municipal official designated to enforce the provisions of the zoning ordinance, and to whom an application for a zoning permit is made and by whom such permits are issued.
ZONING PERMIT shall mean a document signed by the Zoning Officer which is required by this Chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this Chapter or variance therefrom duly authorized by the Board of Adjustment, Planning Board, or the Town Council. (Ord. #574; Ord. #622; Ord. #811; Ord. #815; Ord. #851; Ord. #860; Ord. #883; 1976 Code § 179-6; Ord. #919; Ord. #955, §II; Ord. #978, §II; Ord. #1011, §II; Ord. #1122, §VI; Ord. #1123, §II; Ord. #1135, §I; Ord. #1225, §§I, III; Ord. #1294, §III; Ord. #1368, §I; Ord. #1401, §I)
