This chapter shall be known and may be cited as the "Borough of Kenilworth Zoning Ordinance after 1997 to the same effect as if the full title were stated.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted to promote the purposes set forth in §2 of Article 1 of Chapter 291, P.L. 1975, as amended and supplemented, the Municipal Land Use Law, and pursuant to the power and authority set forth in Article 8 of said Act.
A. As used in this chapter, the following terms have the meanings indicated. The purpose of this section is to simplify ordinance wording, give meaning to technical terms and eliminate ambiguity.
ACCESSORY BUILDING OR STRUCTURE - A detached building or structure on the same lot with, but subordinate to, a main building and used exclusively for the purpose incidental to that of the main building.
ACCESSORY USE - A use of land which is customarily associated with and is subordinate and incidental to the principal use and which is located on the same lot therewith.
ADJOINING PROPERTY - A lot or parcel of land which shares a common property line.
ALLEY - A thoroughfare or service roadway which affords a secondary means of access to abutting property and is not intended for general traffic circulation.
ALTERATION OF BUILDING OR STRUCTURE - Any enlargement, rearrangement, diminution or change in the supporting members of a building, such as bearing walls, column , beams and girders, as well as any change in doors or windows, means of ingress and egress, or increases in height.
AMERICANS WITH DISABILITIES ACT (ADA) - A 1990 federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities and services.
APARTMENT - A portion of a building consisting of a self-contained group of rooms, designed, constructed and used as a dwelling unit, as such term is hereinafter defined, which dwelling unit is set apart from other units or portions of the building by way of a separate entranceway.
APARTMENT BUILDING - A structure containing more than three apartment dwelling units as hereinabove defined.
APPLICANT - A person submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit.
AVERAGE DAILY TRAFFIC (ADT) - The average daily traffic in both directions of travel on a roadway.
BASEMENT - A story of the building that is partly underground and has more than of its height, measured from clear floor to ceiling, above the average adjoining ground level.
BLOCK - A unit of land bounded by streets or by a combination of streets and public land, railroad rights of-way, waterways or municipal boundary lines.
BOARDINGHOUSE - A dwelling unit, or part of a dwelling unit, in which, for compensation, meals and lodging are provided. Some personal services may be provided.
BUILDING - Any structure which is permanently affixed to the land; has one or more floors or stories; is bounded by lot lines, yards or party walls; and is accessible to human use. A building may accommodate more than one family and have more than one dwelling unit and be used for residential, commercial, industrial or other purposes. A building shall not include such structures as billboards, fences or structures With interior areas not normally accessible to human use.
BUILDING AREA - The maximum horizontal projected area of a building and its accessories.
BUILDING COVERAGE - The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.
BUILDING HEIGHT - Vertical distance from the average level of the existing or natural grade along the wall or walls of the building to the highest level of a flat roof surface, the slope of which is not more than one inch vertical to one foot horizontal; for all other roots the vertical distance measured from the existing or natural grade to the ridge of the roof. Existing or natural grade is to be measured at the foundation wall at the building corners. The Building height measured will be the largest so measured.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2008-02.
BUILDING LINE - The line parallel to the street line at a distance therefrom equal to the depth of the appropriate yard requirements. See definition of "yard."
CANTILEVER - A projection of a second floor of a single-family home, by projecting beams or up to two (2) feet in length.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-01.
CELLAR - A space with less than one-half of its floor to-ceiling height above the average finished grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY - A certificate issued by the Construction Official upon completion of construction of building work in accordance with the construction permit or upon a change in the occupancy of use of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted and all other applicable requirements, have been complied with.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED - A residential facility, licensed by the State of New Jersey, providing food, shelter and personal guidance, under such supervision as required by the law and limited to not more than 15 developmentally disabled or mentally ill persons. The complete definition and requirements for such a facility are described in N.J.S.A. 40:55D-66.1 and 40:55D-66.2.
COMMUNITY RESIDENTIAL HOME - A dwelling unit licensed to serve clients of a government department that provides living facilities for unrelated residents who operate as the equivalent of a family. Appropriate care and supervision, as well as other functional requirements, would be defined by appropriate State of New Jersey statute.
CONCEPT PLAN - Informal review of a plan for development that carries no vesting rights or obligations on any party.
CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the zone district or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board. If the proposed conditional use does not comply with all of the conditions of the zone district, a variance may be required and jurisdiction over such use and variance rests with the Board of Adjustment pursuant to the Municipal Land Use Law.
CONDOMINIUM - A building, or group of buildings, 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. such building, lot, structure or use is located.
COUNTY MASTER PLAN - The Official Master Plan for the physical development of a county.
CURB LEVEL - Legal grade of the street in front of the midpoint of the lot.
DEVELOPER - 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 any other person having an enforceable proprietary interest in such land.
DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mine, excavation or earthfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means and including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for prevention or alleviation of flooding.
DWELLING UNIT OR DWELLING - One or more rooms used or intended to be used for living purposes by one or more persons living together and maintaining a common household, having separate cooking and sanitary facilities and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.
(1) SINGLE-FAMILY DWELLING UNIT - A detached building on a lot designed and occupied exclusively as a residence for one family or household.
(2) TWO-FAMILY DWELLING UNIT - A building on a lot designed and occupied exclusively as a residence for two families or households.
(a) DUPLEX - A detached building occupying a single lot, separated into two-single family dwelling units by a vertical wall unpierced except for access to a common basement or cellar.
(b) SEMIDETACHED - A building separated into two dwelling units by a common vertical wall, with each dwelling unit on a separate lot.
**Webmasters Note: The previous definition is restored as per Ordinance No. 2007-05
EASEMENT - A use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation or particular persons for specified purposes.
FAMILY - A group of individuals not necessarily related by blood, marriage or other legal basis living together in a dwelling unit as a single household or housekeeping unit based on structured relationship which is a permanent or long-term relationship as opposed to one that is short term or transient. The single household use requires common use and access to all bathrooms, living areas, eating areas, food preparation and serving areas. Domestic servants shall be included.
FAST-FOOD RESTAURANT - An establishment whose principal business is the sale of prepared food or rapidly prepared food to the customer. The food is ready for consumption within the restaurant, off the premises or in cars.
FENCE - An artificially constructed barrier or natural barrier used to enclose, screen or separate areas.
FLOOD-FRINGE AREA - That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
FLOODPLAIN - The channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by floodwater.
FLOODWAY - The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
GARAGE, PRIVATE - A building accessory to the main building on the same lot, designed to house or store not more than three motor vehicles and intended for the sole use of the main building's occupants.
GARAGE, REPAIR - Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
GARDEN APARTMENT - One-, two- or three-story multifamily structure, generally built at a density of ten to fifteen dwelling units per acre, with related open space, recreation areas and parking.
HOME OCCUPATION - An occupation which:-
(1) Is customarily carried on in a dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(2) Is carried on by a member of the family residing in the dwelling unit.
IMPERVIOUS SURFACE - Any material that prevents absorption of stormwater into the ground.
LOADING SPACE - An off-street space on the same lot with a building or group of building
for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. A loading space shall have 14 feet of vertical clearance.
LOT - A parcel of land, the locations, dimensions or boundaries of which are to be found recorded on the latest County Assessment Map or a plan prepared for submission under the requirements of this chapter and any other ordinance of the borough. See Figure 1 for typical lot types.
(1) LOT, CORNER - A parcel of land located at the junction of and fronting on two or more intersecting streets.
(2) LOT, FLAG - A lot not meeting minimum frontage requirements and where access to the public road is by a narrow driveway or right-of-way.
(4) LOT, THROUGH - An interior lot having frontage on two parallel or closely parallel streets.
LOT AREA - In square feet, determined by the limits of the lot lines bounding the lot, not including any portion used or intended for use as a street or street right-of-way.
(1) LOT DEPTH - A mean horizontal distance between the front lot line and its parallel drawn through the midpoint of the rear lot line.
(2) LOT FRONTAGE - Lot line or portion thereof which is coexistent with a street line. In the case of corner lots, the smaller of the two lot lines shall be considered as "frontage."
(3) LOT WIDTH- The mean horizontal width measured at right angles to the lot depth.
(4) LOT COVERAGE - The portion of a site, expressed as a percentage of the lot area, covered by buildings.
MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the borough which shall have been duly adopted by the Planning Board pursuant to the Municipal Land Use Law.
MULTI-GENERATIONAL FAMILY ACCOMMODATIONS - A dwelling area similar to those sometimes called a "mother-daughter apartment,' serving as secondary living space for a relative or relatives. The living space shall be connected with a door to the remainder of the residence and may have separate kitchen appliances installed pursuant to codes. The accessory apartment must share a common entrance and may not have a separate exterior entrance. The dwelling area shall be considered as an accessory apartment. The property owner must enter into an agreement with the Borough of Kenilworth to be recorded with the office of the Union County Recorder, specifying the persons permitted to occupy the accessory apartment and agreeing to remove all kitchen appliances when the named parties no long reside there.
NONCONFORMING BUILDING OR 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 reason of such adoption, revision or amendment.
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 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 - 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 reason of such adoption, revision or amendment.
OFF-SITE - 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 within a contiguous portion of a street or right-of-way.
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.
PARKING SPACE - An off-street space available for the parking of a motor vehicle, which space is to be nominally nine feet wide and 18 feet long, subject to overhangs, exclusive of passageways and driveways appurtenant and giving access thereto.
PROFESSIONAL OFFICE - The office of a member of a recognized profession, including the offices of doctors or physicians, dentists, optometrists, ministers, architects, professional engineers, surveyors, lawyers, artists, authors, musicians and such other similar professional occupations. The practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
PUBLIC ASSEMBLY - An area where large numbers of individuals collect to participate in or to observe various programs. Typical public assembly areas are auditoriums, gymnasiums, field houses, theaters, banquet rooms, etc.
RIGHT-OF-WAY - The area between the outer boundaries of the public street or way, whether
improved or unimproved and whether acquired by deed or easement. The term "right-of-way' shall apply to planned future roadways or widenings when these are shown on adopted documents.
SETBACK - The distance between the building and any lot line. See Figure 2.
SETBACK LINE - A line within any lot, usually marking the limits of a required yard space, parallel to any street line, between which and the street line no building or portion thereof may be erected, except as provided in this chapter.
SHED - A small structure usually of metal or wood used for storage.
SIGN - Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
SITE PLAN - The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands and waterways; landscaping and open spaces; walkways, means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
STORAGE - To place, park, stand or permit to remain unattended, unless temporarily.
STREET - A public thoroughfare which has been dedicated or deeded, or is designed to be, to the public for its use.
STREET, PAPER - A street that has never been built, but which is shown on an approved plan, tax map, subdivision plat or Official Zoning Map.
STRUCTURE - 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.
USE - The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use' or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE - Permission to depart from the specific or literal zoning ordinance requirements.
VARIANCE, BULK - A departure from any provision of a zoning ordinance except provisions concerning use. Bulk regulations are standards that establish the maximum size of structures, coverage, setbacks, heights, yard requirements, etc.
VARIANCE, HARDSHIP - A variance that involves a departure from any provision of a zoning ordinance for a specific lot because of exceptional narrowness, shape, topographic conditions, physical features or similar extraordinary conditions of the property. Personal hardship, or a self- created hardship, are not grounds for the granting of a hardship variance.
VARIANCE, PLANNING - A variance granted for bulk regulation departure that would result in improved zoning and planning that would benefit the community. Examples might be protection of environmentally sensitive areas, reducing impervious areas and similar benefits which would outweigh any detriments.
VARIANCE, USE :
(1) A variance granted for a use or structure that -is not permitted in the zone. Particular cases include:
(a) A use or principal structure not permitted in the zone district.
(b) Expansion of a nonconforming use.
(c) Deviation from standards pertaining to a conditional use.
(2) Use variances are sometimes called "D-variances." Some items included in the D-variance section of the Municipal Land Use Law are not solely "use" variances. Floor area ratios, increases in permitted density and heights which exceed certain specific limits are not solely use departures, but are controls on intensity of use in a zone district.
VOLUME - The space within a structure as defined by the New Jersey Uniform Construction Code.
YARD - An open space as may be required by this chapter of uniform width or depth on the same lot with a building or a group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted. See Figures 2 and 3:
(1) FRONT YARD - An open, unoccupied space on the same lot with a main building, situated between any street line of the lot and the parts of the building nearest to such street line, and extending to the side lines of the lot. The front yard is measured perpendicular to the building at the closest point to the front lot line.
(2) REAR YARD - An open, unoccupied space on the same lot with a main building, except for permitted accessory buildings, extending the full width of the lot and situated between the rear line of the lot and the nearest part of the building projected to the side lines of the lot. The depth of the rear yard shall be measured perpendicular from the rear line of the lot to the nearest projection of the building.
(3) SIDE YARD - An open, unoccupied space on the same lot with a main building, situated between the side line of the lot and the parts of the building nearest thereto, and extending through from the front yard to the rear yard.
ZERO LOT LINE - The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
ZONE - A specifically delineated area or district within which this chapter provides for uniform regulations and requirements that govern the use, placement, spacing and size of land and buildings.
ZONING MAP - The Official Zoning Map that is a part of this chapter. The Official Zoning Map delineates the boundaries of each zone district.
ZONING PERMIT - A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to sections of the Municipal Land Use Law, N.J.S.A. 40:55D-60 or 40:55D-70.
B. In interpreting this chapter, the use of the word "person" shall include the words firm, association, organization, trust, partnership or "corporation." Use of the word structure shall include the word "building.' The word "lot" includes the word "plot." The word zone includes the word "district." The word shall is mandatory and not discretionary. The word occupied or used shall be considered as though followed by the words "or intended, arranged or designed to be occupied or used." The singular shall include the plural, and the plural shall include the singular. The present tense shall include the future tense.
C. In interpreting this chapter, all references shall be gender neutral. Any gender references in the wording of any section shall apply to both genders and all persons.
