A. Certain words and phrases as used in this chapter which, for the purpose hereof, are defined as follows:
ACCESSORY USE OR BUILDING - A subordinate use or building, the purpose of which is incidental to that of the main use or building and on the same lot.
ADMINISTRATIVE OFFICER - The designated governmental official or entity charged with administering land development regulations in the Township. [Added 3-14-2000 by Ord. No. 2000:7]
AGENCY - New Jersey Housing and Mortgage Finance Agency established by L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.). [Added 7-9-1991 by Ord. No. 91:46]
ANIMAL KENNELS - Any structure or premises in which animals are boarded, groomed, bred or trained. Animal kennels may include dog runs and pens as regulated herein. [Added 3-14-2000 by Ord. No. 2000:7]
ASSISTED LIVING FACILITY - A residential health-care facility which is licensed by the New Jersey Department of Health to provide housing with congregate dining and a coordinated array of supportive personal and health-care services, available 24 hours per day, to four or more elderly and/or handicapped residents unrelated to the proprietor. Each unit in an assisted living facility shall, as part of the living quarters, include a private bathroom, kitchenette and lockable entrance door. Common dining, recreational and laundry facilities, housekeeping and maintenance services, personal and health-care services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to an assisted living facility. An assisted living facility shall provide its own ambulance and transportation services. [Added 12-15-1998 by Ord. No. 98:43]
ATTIC - The open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building. [Added 3-14-2000 by Ord. No. 2000:7]
AUTOMOBILE REPAIR SERVICE - A business, other than an automobile service station, engaged in the maintenance, servicing and repair or vehicles. They can include muffler shops, auto body shops, tire shops, quick lubrication services and other automobile repair services. They may also include the sale of automobile parts, tools and equipment as an ancillary use, but not the sale of vehicles. [Added 3-14-2000 by Ord. No. 2000:7]
AUTOMOBILE SERVICE STATION - An area of land, including structures thereon, that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil and the making of minor repairs, but not auto body work, welding or painting, nor any repair work in the open.
AWNING - 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 doorway or window or providing decorative or architectural detail for nonresidential buildings. Unless otherwise specified in this chapter, permanent awnings that can not be retracted shall be subject to the setback requirements of the district in which the building is located. [Added 10-14-1997 by Ord. No. 97:30]
AWNING SIGN - A sign that is painted or attached to an awning. Awning signs shall be permanent in nature and not retractable. [Added 10-14-1997 by Ord. No. 97:30]
BASEMENT - A space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of less than 6.5 feet. [Added 3-14-2000 by Ord. No. 2000:7]
BLOCK FRONT - Such number of lots in any given block which comprise, include and contain the frontage of lots situated across or opposite the street from a proposed subdivision and which lie within the side lot lines of the proposed subdivisions as projected across such street.
BUFFER AREA - An area either in its natural state or supplemented with evergreen and other suitable vegetation, fences, walls, berms or any combination thereof as approved by the Planning Board or Zoning Board of Adjustment and which is used to physically separate or screen one use or property from another so as to visually shield or block noise or other nuisances. No building, structure, parking area, driveway (except to provide access to property and which is perpendicular to the buffer area), street, sign (except directional signs) or storage of materials may be permitted within a buffer area. [Amended 3-14-2000 by Ord. No. 2000:7]
BUILDING COVERAGE The area of lot covered by all buildings, exclusive of decks and patios. Cantilevers and overhangs are not included in the calculation of building coverage if they do not extend more than two feet from a building and are at least four feet above the grade directly adjacent to the projection. Bay and bow windows constructed no lower than 24 inches from the level of the finished floor of a residential structure and no larger than 16 square feet are not included in the cantilever or overhang restriction noted herein. [Added 3-14-2000 by Ord. No. 2000:7; amended 10-23-2007 by Ord. No. 2007:48]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2007-48.
BUILDING HEIGHT - The vertical distance measured from the average elevation of the finished grade, six feet from every side of the structure, to the highest point of a flat roof, to the deckline of a mansard roof and to the midpoint below the highest peak on a gable, sloped or hip roof. [Added 3-14-2000 by Ord. No. 2000:7]
CHILD-CARE CENTER - An institution or place, whether known as a "child-care or infant-care center," "infant-toddler program," "boarding school or home," "day nursery," "nursery school," "day-care center," "child play or progressive school," "child recovery center" or under any other name, which institution, for compensation or otherwise, receives for temporary custody, with or without stated educational purposes, during part or all of the day but for not less than two hours each day, apart from their parents or legal guardians, six or more children under the age of six. [Added 12-12-1989 by Ord. No. 89:72; amended 3-27-1990 by Ord. No. 90:25]
CONDOMINIUM - A building or group of buildings and associated land area in which dwelling units, offices or floor area are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis. [Added 3-14-2000 by Ord. No. 2000:7]
CUSTOMARY HOME OCCUPATION - An activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit, but not a "professional home office" as defined in § 430-59B. A customary home occupation may include, but is not limited to, a home office for personal use by an accountant, architect, engineer, land surveyor, lawyer, professional planner or other such professions not including doctors or other medical practitioners, provided that the professional person owns and occupies, as a dwelling, the unit used in the practice of the profession and that the use does not exceed 30% of the floor area of the dwelling. A customary home occupation may also include the individual teaching of music, singing, etc; individual private tutoring; portrait painting or sculpturing; or contractors using their homes to receive phone calls, provided there is no storage of construction equipment or materials at the property. A customary home occupation may also include a limousine owner using his/her home to make appointments to pick up passengers via telephone and/or electronic mail, provided that such limousine owner does not park more than one nonmodified, standard-sized vehicle bearing a limousine license plate at his/her home. [Amended 3-14-2000 by Ord. No. 2000:7; 10-24-2000 by Ord. No. 2000:43]
DWELLING A building or structure or part thereof containing one or more dwelling units or lodging units. [Added 12-19-2006 by Ord. No. 2006:24]
**Webmasters Note: The previous definition has been added as per Ordinance No. 2006:24.
DWELLING, TOWNHOUSE - A one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located above another unit, each unit has a private garage and each unit is separated from any other unit by one or more common fire-resistant walls. [Added 3-14-2000 by Ord. No. 2000:7]
DWELLING UNIT Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used, for living, sleeping, cooking or eating. [Amended 12-19-2006 by Ord. No. 2006:24]
(1) DWELLING, SINGLE-FAMILY - A detached building designed for or occupied exclusively by one family.
(2) DWELLING, TOWNHOUSE - An attached single-family building wherein no family shall occupy air space one above the other as defined in N.J.S.A. 46:8-1 et seq. and having private garage and storage space and utilities.
(3) DWELLING, TWO-FAMILY - A building designed for or occupied exclusively by two families living independently of each other.
(4) DWELLING, MULTIFAMILY - A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses but not including motels or hotels.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2006:24.
FAMILY One or more persons customarily living together as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a hotel or motel. [Amended 12-19-2006 by Ord. No. 2006:24]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2006:24.
FAST-FOOD RESTAURANT - A business or establishment engaged in the sale of pre-prepared or rapidly prepared food, soft drinks, ice cream and similar confections which are sold directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises, but not within cars on the premises. [Added 3-14-2000 by Ord. No. 2000:7]
FEE SIMPLE - The ownership of a complete set of property rights to a particular parcel or property, including subsurface, surface and air rights. [Added 3-14-2000 by Ord. No. 2000:7]
FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building. For the purposes of this chapter, the term "floor area" shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, interior areas devoted exclusively to parking and loading for motor vehicles or to any space where the floor-to-ceiling height is less than seven feet, provided that no more than 15% of the gross area may be reduced for these common area calculations. [Added 3-14-2000 by Ord. No. 2000:7]
FRONTAGE - That side of a lot abutting a street or public right-of-way. [Added 3-14-2000 by Ord. No. 2000:7]
HABITABLE ROOMS Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms and utility rooms, and porches. Other rooms or spaces that are not used frequently or for an extended period or that have less than 70 square feet of floor area shall not be considered as habitable rooms. [Added 12-19-2006 by Ord. No. 2006:24]
**Webmasters Note: The previous definition has been added as per Ordinance No. 2006:24.
HANGING SIGN - A sign designed to hang from a building canopy, awning, awning sign or a frame or other mechanical device attached to a building wall and oriented at a ninety-degree angle from the plane of the building facade. Permitted hanging signs and associated design standards for such signs are depicted in Illustration E of this chapter. [Added 10-14-1997 by Ord. No. 97:30]
HEALTH CARE SUPPORT SERVICES - Facilities and establishments providing support to the medical profession and patients, including medical and dental laboratories, blood banks and miscellaneous medical and surgical supplies and services. [Added 3-14-2000 by Ord. No. 2000:7]
HEALTH CLUB - An establishment that provides facilities for aerobic exercises, running and jogging, weight training and strength conditioning, game courts, swimming facilities, exercise equipment, saunas, showers and lockers. Health clubs may include pro shops, as well as instructional programs for members and guests. [Added 3-14-2000 by Ord. No. 2000:7]
HOTEL A building containing individual lodging accommodation units available to transient guests, with each unit containing individual sleeping and bath facilities and each having public access to a common hallway linked to a central lobby area. Permitted accessory uses associated with a hotel include banquet facilities, restaurants, cafeterias, pubs and taverns, newspaper stands, barbershops and beauty parlors, health clubs, swimming pools and conference rooms. [Added 12-19-2006 by Ord. No. 2006:24; amended 9-18-2007 by Ord. No. 2007:32]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2007:32.
HOUSING REGION - A geographic area, determined by the New Jersey Council on Affordable Housing, of no less than two nor more than four contiguous whole counties which exhibit significant social, economic and income similarities and which constitute, to the greatest extent practicable, the primary metropolitan statistical areas (PMSA) as last defined by the United States Census Bureau prior to July 2, 1985. The applicable housing region for Parsippany-Troy Hills is the Northwest Region, consisting of Essex, Morris, Sussex and Union Counties. [Added 7-9-1991 by Ord. No. 91:46]
IMPERVIOUS COVERAGE - The percentage of a lot area which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, parking areas, walkways, loading areas, tennis courts, garages, patios, decks and other impervious materials. [Added 3-14-2000 by Ord. No. 2000:7]
INCLUSIONARY DEVELOPMENT - A residential housing development in which a substantial percentage of the housing units is provided for a reasonable range of low- and moderate-income households. [Added 7-9-1991 by Ord. No. 91:46]
INDOOR CORPORATE HEALTH FACILITY - An exercise facility or fitness center which focuses on the physical, social and mental health of its members. The facility may include an exercise room, whirlpools, racquetball courts, aerobic studio, sauna, Jacuzzi, locker rooms and pro shop, provided that the use of all facilities shall be limited to members which are employees of the corporate facilities within the ROL Zone in which the principal building is located. [Added 3-13-1990 by Ord. No. 90:13]
LANDSCAPED GREEN AREA - An area either in its natural state or lawned and supplemented with landscape plantings and other suitable vegetation which is used to create an attractive green space located along the highway frontage of a nonresidential use. No building, structure, parking area, driveway (except to provide access to the property), street or storage of materials may be permitted within a landscaped green area. [Added 3-14-2000 by Ord. No. 2000:7]
LOT - A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit. [Amended 3-14-2000 by Ord. No. 2000:7]
(1) CORNER LOT - A lot at the junction of and fronting on two or more intersecting streets.
(2) THROUGH LOT - A lot that fronts on two parallel streets or fronts on two streets that do not intersect at the boundaries of the lot.
(3) LOT LINE - Any boundary line of a lot.
(4) FRONT LOT LINE - The lot line separating a lot from the street right-of-way.
(5) REAR LOT LINE - The lot line opposite and most distant from the front lot line.
(6) DEPTH OF LOT - The mean distance measured from the mean front lot line to the mean rear lot line.
(7) WIDTH OF LOT - Shall be measured along a straight line connecting the points of the intersection of the required minimum front yard setback line and the side lot lines of the lot.
LOW-INCOME HOUSING - Housing which is affordable according to the Federal Department of Housing and Urban Development, or other recognized standards for home ownership and rental costs, and which is occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls. [Added 7-9-1991 by Ord. No. 91:46]
MEDIAN INCOME - The Federal Department of Housing and Urban Development uncapped median income by family size for Morris County using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household. [Added 7-9-1991 by Ord. No. 91:46]
MODERATE-INCOME HOUSING - Housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and which is occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls. [Added 7-9-1991 by Ord. No. 91:46]
MOTEL - A use which shall contain at least 100 sleeping rooms, each having its own bathroom. Such use may also contain meeting rooms, office and temporary office space, restaurants and retail-commercial space.
NEW JERSEY COUNCIL ON AFFORDABLE HOUSING OR COAH - The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this state. [Added 7-9-1991 by Ord. No. 91:46]
NONCONFORMING USE - One that does not comply with the regulations of this chapter for the zone in which it is located.
OPEN PORCH - A roofed piazza, porch or porte cochere which projects beyond the main wall of a building into a yard for which the columns supporting the roof shall present a minimum of obstruction to the view and the circulation of air.
OPEN SPACE - 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.
PRINCIPAL USE - The primary or predominant use of any one lot or parcel. [Added 3-14-2000 by Ord. No. 2000:7]
PRIVATE GARAGE - A building or space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
PUBLIC GARAGE - Any building, premises or land or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit or where any such vehicles are kept for hire.
RESTAURANT - A commercial establishment where food and drink are prepared, served and consumed on premises, excluding, however, a fast-food restaurant (as defined elsewhere herein) and a snack bar or refreshment stand at a public or community swimming pool or park operated in conjunction with and incidental to such recreational facility for the sole convenience of its patrons. [Added 3-14-2000 by Ord. No. 2000:7]
SECTION 8 INCOME LIMITS - A schedule of income limits that define 50% and 80% of median income by household size. When used herein, "Section 8 income limits" shall refer to the uncapped schedule as periodically revised and published by the Federal Department of Housing and Urban Development and adopted by COAH. [Added 7-9-1991 by Ord. No. 91:46]
SELF-STORAGE WAREHOUSE - A structure or structures containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases to residential and commercial users for varying periods of time. The storage of hazardous and flammable chemicals and explosives are not permitted. The following uses and activities are also prohibited in self-storage warehouses: [Added 3-14-2000 by Ord. No. 2000:7]
(1) Wholesale or retail commercial sales.
(2) Auctions or garage sales.
(3) Any type of fabrication or manufacturing activity.
(4) The servicing or repair of any vehicles, boats, tools or equipment.
(5) The use of any power tools or similar equipment not for the express use in the maintenance and repair of the self-storage facility.
(6) The operation of any transfer and storage business.
SIGN - Includes any and all forms of advertisement or display as fully described in Article XXXVIII of this chapter.
STORY - That portion of a building included between the upper surface of a floor and upper 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. There shall be excluded from any such definition that portion of a building which is used entirely for the containment of mechanical equipment and utility service, including heating, ventilating, plumbing and electrical equipment, storage space ancillary to the primary uses in the structure and garage parking, used solely for the occupants of the premises upon which it is located, for the storage of motor vehicles. [Added 4-12-1983 by Ord. No. 83:24]
(2) STORY, HALF - A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story.
STREET - Any road, avenue, street, land, plaza or other way set aside for common street purposes.
TOWNHOUSE DEVELOPMENT - Dwellings developed as a single entity in which individual lots have a common or public open space as an appurtenance.
YARD - The area of the lot that lies between a building and the nearest lot line. The minimum required yard depth as set forth in this chapter shall be unoccupied and unobstructed except as may be specifically provided in this chapter. The sketch maps set forth in Illustrations F1 through F4 of this chapter illustrate the delineation of yards for measurement purposes and clarification of the Code's intent with respect to yard measurements. [Amended 8-8-1978 by Ord. No. 78:17; 3-14-2000 by Ord. No. 2000:7]
(1) FRONT YARD - An open, unoccupied space within and extending the full width of the lot between the front lot line and the parts of the building setting back from such line. The depth of the yard shall be measured from the front lot line to the building wall. Corner lots shall have a front yard corresponding to each street frontage.
(2) REAR YARD - An open, unoccupied space within and extending the full width of the lot between the rear walls of the building and the rear lot line.
(3) SIDE YARD - An open, unoccupied space extending from the front yard to the rear yard between the building and the side lot line and measured from the side lot line to the building wall.
(4) YARD DEPTH - The average distance between the front lot line and rear lot line.
(5) YARD SETBACK LINE - A line drawn parallel to a lot line at a distance equal to the minimum required yard depth.
B. Word usage. The word "lot" includes the word "plot"; the word "premises" includes the words "plot," "lot," "land," "parcel" and "ground"; the word "building" includes the word "structure"; the word "occupies" includes the words "used, designed or intended to be occupied"; and the word "used" includes the words "arranged, designed or intended to be used."
C. Zoning permit. A zoning permit is a document signed by the Administrative Officer which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a building or structure and certifies that such use, building or structure complies with the provisions of this chapter or variance therefrom. [Added 6-9-1982 by Ord. No. 31:82]
D. Other definitions and terms. Unless specifically defined herein, other terms and words shall be as defined in Chapter 225, Land Use, Subdivisions and Site Plans, or other applicable ordinances. [Amended 6-9-1982 by Ord. No. 31:82]
