Certain words and terms used in the Voorhees Township Unified Land Development Ordinance are defined for the purpose thereof as follows:
(A) Words used in the present tense include the future, the singular number includes the plural, and the plural the singular. The word "lot" includes the word "plot". The word "building" includes the word "structure." The term "such as," where used herein, shall be considered as introducing a typical or illustrative rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures.
(B) As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE, STRUCTURE OR BUILDING. A subordinate use, structure or building, the purpose of which is incidental to that of a main use, structure or building on the same lot.
ACTIVE RECREATION. Recreational activities which require physical participation including sports such as soccer, baseball, softball, tennis, basketball, field hockey, football, lacrosse, and street hockey; and facilities including playground equipment of all types.
ACUTE CARE FACILITY. A facility providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.
ADAPTIVE REUSE. The rehabilitation, reconstruction, revitalization or restoration of an existing non-residential building or structure. Adaptive reuse may also include an extension of no more than 25% of the floor area of the existing building or structure.
ADMINISTRATIVE OFFICER. The Zoning Officer, Planning Officer, Director of Community Development or other Township official designated by the reviewing board as its administrative officer.
ADULT DAYCARE. An establishment or facility that provides a coordinated program of services to adults who need supervised care outside their home which primarily operate during normal daily business hours but can offer programs and services in the evenings and weekends provided that there are no lodging or overnight accommodations.
ADULT USES. An establishment consisting of, including, or having the characteristics of any or all of the following:
(1) ADULT BOOKSTORE, NEWSSTAND, VIDEO STORE, OR COMBINATION. An establishment having more than 40% of its stock-in-trade, floor area, or display area used for the sale or rental of books, magazines, publications, tapes, or films that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.
(2) ADULT CABARET. An establishment, either with or without a liquor license, offering sexually oriented live entertainment, which may include topless and go-go dancers, strippers, or male or female impersonators.
(3) ADULT MOTION PICTURE THEATER. A building used for presenting films distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(4) SEX SHOP. Any establishment offering, for sale or rent, items from any two of the following categories: sexually oriented books, magazines, and videos; leather goods marketed or presented in a context to suggest their use for sexual activities; sexually oriented toys and novelties; or video viewing booths; or an establishment that advertises or holds itself out in any forum as a sexually oriented business.
(5) VIDEO VIEWING BOOTHS. Often referred to as peep shows and characterized by small private booths rented to individuals to view sexually explicit films or tapes.
APARTMENT BUILDING.
(1) LOW-RISE APARTMENT BUILDING. Any apartment building having one to three floors.
(2) MID-RISE APARTMENT BUILDING. Any apartment building having four or five floors.
(3) HIGH-RISE APARTMENT BUILDING. Any apartment building having six or more floors.
APARTMENT, EFFICIENCY UNIT or DWELLING UNIT. A room, or suite of two or more rooms, which is designed for, intended for or occupied by one family or household living as an independent unit and doing its own cooking.
APPLICANT. Any person or entity submitting an application for any permit or approval pursuant to Title 15.
ASSISTED LIVING UNIT. A dwelling unit varying in square feet from 200 to 500 square feet that provides a residential living environment assisted by congregate meals, housekeeping and personal services, for persons 55 years of age or older, who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility. ASSISTED LIVING UNITS shall be located in a facility that may include accessory uses including dining rooms, bathing areas, common areas, offices and other space necessary to provide the above services. The definition of ASSISTED LIVING UNIT shall include any partially assisted and fully assisted living units.
AUTOMOBILE WRECKING. See JUNKYARD.
AWNING. A roof-like cover that projects from the wall of a building for the purpose of shielding an entrance, doorway or window from the elements. For purposes of determining if setback requirements are met, setbacks are measured from the end of the awning.
BACKYARD AREA. The area of useable land between the rear building wall of the primary structure on the property and the closest of (i) the rear property line, (ii) wetlands buffer or, if no buffer is provided, the wetlands line, or (iii) the boundary of any conservation or other restricted area. Utility easements located outside of the rear yard setback line, which permit the use of the land above or below such utility installation for non-structural improvements, are not considered restricted areas for purposes of this definition.
BASEMENT. A story partly underground and having more than one-half (½) of its height above ground.
BICYCLE-COMPATIBLE ROADWAY. A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.
BICYCLE PATH (BIKE PATH). A bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the
highway right-of-way or within an independent right-of-way or easement.
BIKEWAY. Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
BUFFER. An area within a property or site, generally adjacent to and parallel with the property line, either consisting of trees, shrubs or other landscaping and/or berms, designed to continuously limit the view and control other impacts of the site from adjacent sites, properties or roadways.
BUFFER LANDSCAPING. Landscaping, including permitted fencing, placed within designated buffers.
BUILDABLE AREA. That central portion of any lot lying inward from all required setback lines.
BUILDING. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. The word BUILDING, whenever used herein for purposes of setbacks from roads, boundaries or property or lot lines, shall not be construed to include parking lots or vehicular rights-of-way.
BUILDING HEIGHT. The vertical distance measured from the elevation of the finished grade along the front of the building at the front entrance to the highest point of the roof.
BUSINESS, RETAIL. An establishment with the set purpose of selling commodities or goods in relatively low quantities to ultimate consumers for personal or household consumption.
BUSINESS, WHOLESALE. An establishment with the set purpose of selling commodities or goods in large quantities typically to a retail merchant for resale.
CANNABIS. All parts of the plant cannabis saliva and cannabis indica, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (C.24:61-31 et al.) for use in cannabis products, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.
CANNABIS BUSINESS. Any person or entity that holds any of the six classes of licenses established under P.L. 2021, c. 16, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA).
CANNABIS CULTIVATOR. Any licensed person or entity that grows, cultivates, or produces cannabis, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license.
CANNABIS DELIVERY SERVICE. Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.
CANNABIS DISTRIBUTOR. Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of
licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.
CANNABIS ESTABLISHMENT. A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS ESTABLISHMENT LICENSE. An establishment with one or many of the licenses to operate as defined by the CREAMMA Act:
(1) Class 1 cannabis cultivator license, for facilities involved in growing and cultivating cannabis;
(2) Class 2 cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(3) Class 3 cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(4) Class 4 cannabis distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
(5) Class 5 cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers; and
(6) Class 6 cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
CANNABIS MANUFACTURER. Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.
CANNABIS PRODUCT. A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. CANNABIS PRODUCT does not include: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) any other cannabis resin by itself.
CANNABIS RETAILER. Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license.
CANNABIS WHOLESALER. Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license.
CANOPY. A permanent ornamental roof-like structure, or a permanent covered area which extends from the wall of a building, protecting an entrance, doorway or window from the elements.
CAPITAL IMPROVEMENT. Means a governmental acquisition of real property or major construction project.
CEILING HEIGHT, MINIMUM. The minimum ceiling height shall not be less than seven feet six inches for all residential structures.
CELLAR. A story partly underground which has less than half its height above ground level.
CERTIFICATE OF CONFORMANCE. A certificate issued by the Zoning Officer pursuant to the provisions of Title 15.
CERTIFICATE OF CONTINUED OCCUPANCY. A certificate issued by the Construction Official under the provisions of the Uniform Construction Code, N.J.A.C. 5:23-2.23(c) and (d), as outlined in Chapter 159 of Title 15.
CIRCULATION. Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLUSTER OR CLUSTERING. The grouping of buildings or lots by reducing the minimum lot size for subdivisions or situating buildings closer together, provided that the total development density does not exceed that which could be constructed on the site under conventional zoning subdivision regulation unless a density bonus is provided. The additional land that remains undeveloped is then preserved as open space, recreational land and as an environmental resource.
COAH. The New Jersey Council on Affordable Housing.
COMMERCIAL BILLBOARD. An advertising sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space there is displayed, by means of painting, posting or other means, advertising copy describing a wide variety of products or services which are not made, produced, assembled or sold from the lot or premises upon which the advertisement is displayed.
COMMUNITY RESIDENTIAL FACILITY. Any residential arrangement, public or private, other than an institution, in which one or more developmentally disabled person resides under the sponsorship of the New Jersey Department of Human Services pursuant to N.J.S.A. 30:6D-13, et seq., as amended. A family home in which all of the developmentally disabled persons residing within are related to the head of the household by blood, marriage or adoption is not a community residential facility.
COMPREHENSIVE RETIREMENT COMMUNITY (CRC). A facility which has a primary purpose of providing housing and continuing care for people 55 years of age or older or where either the husband or wife is 55 years of age or older, and consists of independent apartment units, assisted living units, skilled care nursing units and single family detached and attached residential dwelling units and which must include comprehensive retirement community accessory uses.
COMPREHENSIVE RETIREMENT COMMUNITY ACCESSORY USES. Within a Comprehensive Retirement Community, any use reasonably necessary for, or incidental to, the operation of the facility or for the benefit or convenience of the residents and their guests including, but not limited to, kitchen and dining facilities, exercise and vocational rooms, places of worship, indoor and outdoor recreational buildings and uses including swimming pools, retail and banking facilities, beauty salons and barber shops, gift shops, class rooms, security facilities, conference rooms, common areas, guest rooms, administration, general, medical and other offices associated with the CRC, postal center, pharmacy, maintenance facilities, hobby, craft and music rooms, library, computer and television rooms, and heating and cooling equipment structures, off-street parking signs as permitted and garages, provided that the Comprehensive Retirement Community Accessory Use is for the use and benefit of the Comprehensive Retirement Community.
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 location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefore by the Planning Board.
CONTRIBUTION. Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer.
CONTRIBUTION DISCLOSURE STATEMENT. A list specifying the amount, date and the recipient of any and all contributions, made up to one year prior to the date of filing of the Contribution Disclosure Statement with the reviewing board, to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, the Township, which contributions are required to be reported pursuant to N.J.S.A. 19:25-10.1 to 10.14. For purposes of completing a Contributions Disclosure Statement, any commitment or assumption shall be deemed to have been a contribution on the date when such commitment was or is made or the liability was assumed.
CONSERVATION AREA or CONSERVATION EASEMENT. A designated area of land which is intended to be preserved and managed for the protection of its natural resources and, where appropriate, opened to the public for passive enjoyment of the natural resources.
CONSTRUCTION PERMIT. A permit required for the erection, alteration, or extension of a structure.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC). A facility which has a primary purpose of providing housing and continuing care for people 55 years of age or older or where either the husband or wife is 55 years of age or older, and consists of Independent Apartment Units, Assisted Living Units, Skilled Care Nursing Units and/or Continuing Care Retirement Community Accessory Uses all as defined herein and as regulated by N.J.S.A. 52:27D-330 through 357, known as the Continuing Care Retirement Community Regulation and Financial Disclosure Act. For purposes of this Ordinance, CONTINUING CARE means the provision of lodging, nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges to an individual who is 55 years of age or older, or where either the husband or the wife is 55 years of age or older.
CONTINUING CARE RETIREMENT COMMUNITY ACCESSORY USES. Within a Continuing Care Retirement Community, any use reasonably necessary for, or incidental to, the operation of the facility or for the benefit or convenience of the residents and their guests including, but not limited to: kitchen and dining facilities, exercise and vocational rooms, places of worship, indoor and outdoor recreational buildings and uses including swimming pools, retail and banking facilities, beauty salons and barber shops, gift shops, class rooms, security facilities, conference rooms, common areas, guest rooms, administration, general, medical and other offices associated with the CCRC, postal center, pharmacy, maintenance facilities, hobby, craft and music rooms, library, computer and television rooms, and heating and cooling equipment structures, off-street parking and loading areas as required for the use of occupants of the CCRC and signs as permitted and garages, provided that the Continuing Care Retirement Community Accessory Use is for the use and benefit of the Continuing Care Retirement Community.
COUNTY MASTER PLAN. A composite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.
DECK. An open floor type structure having neither roof, walls, nor enclosing features except for safety handrails.
DENSITY. The permitted number of dwelling units per gross area of land to be developed.
DETENTION BASIN. A man-made or natural storm water management collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
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 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 pursuant to this act.
DEVELOPMENT FEES. The money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH' s rules.
DEVELOPMENTAL DISABILITY. Includes but is not limited to severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.
DEVELOPMENTALLY DISABLED PERSON. A person with a severe, chronic disability that meets the following:
(1) Is attributable to a mental or physical impairment or combination of mental or physical impairments;
(2) Is manifest before age 22;
(3) Is likely to continue indefinitely;
(4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and
(5) Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and are individually planned and coordinated.
DISABLED PERSON. An individual (a) with a physical or mental impairment that substantially limits one or more of the major life activities of such individual, (b) with a record of such an impairment, or (c) who is regarded as having such an impairment.
DWELLING, MULTIPLE. A building or portion thereof used or designed as a residence for two or more apartments or dwelling units, including apartment houses, apartment hotels and flats but not including automobile courts.
DWELLING, SINGLE FAMILY ATTACHED. A townhouse, duplex or other dwelling unit that is attached to but is not above or below any other unit, has its own entrance directly to the exterior of the building and shares at least one common side wall with another dwelling unit.
DWELLING, SINGLE FAMILY DETACHED. A detached building designed for or occupied exclusively by one family or dwelling unit.
DWELLING, SINGLE FAMILY SEMI-DETACHED. A building occupying a single lot, separated into two usually identical or “twin” side-by-side dwelling units by a vertical party wall, unpierced except for access to the outside or to a common basement or cellar.
DWELLING UNIT (DU). A room or group of connected rooms that are designed for permanent residency containing living space, cooking, sleeping and sanitary facilities for one housekeeping unit for the exclusive use of a single family maintaining a household. Dwelling units provide permanent living quarters, as opposed to motels or other temporary accommodations.
EFFICIENCY STRUCTURE. A one- or two-story structure housing two or more dwelling units designed only for residential occupancy on a cooperative or rental basis, which units include complete minimum housekeeping facilities for a family group.
EQUALIZED ASSESSED VALUE. The value of a property determined by the municipal tax assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the municipal Tax Assessor.
FAMILY. One or more persons living as a single, nonprofit housekeeping unit who share common expenses and housekeeping chores, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The FAMILY shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
FARMING. Agricultural activity or the raising of livestock, poultry or small animals as a major source of income and if conducted on a lot or plot of not less than two acres in area.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The United States Agency responsible for Federal programs related to emergency and disaster mitigation and response.
FENCE. An artificially constructed barrier of wood, wire, metal or any other manufactured material or combination of materials.
FINAL APPROVAL. The official action of the reviewing board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been
completed or fulfilled and the requirement improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FLOODPLAIN (100 YEAR). The area which is calculated to be inundated with flood waters during a 100 year storm. The 100 year storm has a one percent chance of occurring in any one year.
FLOOR AREA. The total enclosed horizontal area of a structure used for residential, business or commercial activities. Floor area may include the area enclosed by the exterior foundation wall excluding garages, open patios, unfinished basements and unfinished attics for residential uses and customer facilities, showcase facilities, storage and sales facilities for business and commercial uses.
GARAGE. A building used for the housing or storing of self-propelled motor vehicles or unit portions thereof designed for use on public highways.
GARAGE, PRIVATE. A garage for the housing of the motor vehicles only of the property occupants, not to exceed three motor vehicles. A PRIVATE GARAGE may not exceed 800 square feet in total floor area.
GROUND COVER. Low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.
HISTORIC SITE. Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.
HOME BUSINESS. Any business that the operator thereof operates from his or her residential property and that has one or more employees who work in or from the residential property; has clients, customers, patients or patrons who come to the residential property for the conduct of the owner's or occupant's business; has regular deliveries of
inventory, goods, materials, equipment or products to and from the residential property; and/or stores inventory, goods, materials, equipment or products on the residential property. Home business shall not mean the establishment of an in-residential property office by an occupant of the residential property, whether or not the operator owns the business and/or performs all duties of the business out of his/her residential property, so long as all work performed from such location is primarily done through desktop use of computers, facsimile machines and other telecommunication equipment and facilities; there are no employees of the business; no clients, customers, patients or other patrons come to the residential property; and no inventory, equipment, materials or other items used in or sold through the business are delivered to or from or stored at the residential property, except for minimal quantities of standard office supplies used solely for the desktop equipment. The home business shall be clearly secondary or accessory to the primary residential use of the principal structure and shall not be conducted in more than 250 square feet or 10%, whichever is less, of the total living area of the residential property. Whether a business or occupation is classified as a home business for purposes of this chapter shall be determined on a case-by-case basis by the Zoning Officer of Voorhees Township based on the review of the actual facts and circumstances.
HOSPITAL. An institution housed in a building or a series of buildings providing public health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities, such as out-patient and emergency departments, conference, training, diagnostic and central service facilities, cafeteria, gift shop, pharmacies, administrative and staff offices and employee day care, which are integrated with the hospital facilities or complex.
HOTEL. An establishment that provides paid lodging on a short-term basis and shall not be for permanent residency. Said establishment shall provide lodging for the public access from a common centralized lobby and must contain a centralized elevator and can offer a range of on-site services which may include restaurants, meeting rooms, and other amenities. A hotel may not have exterior access to the lodging units.
HOUSEKEEPING UNIT. One or more persons living together in one dwelling unit and using or sharing living space, cooking, sleeping, and sanitary facilities.
IMPERVIOUS SURFACE. A surface that has been covered by buildings, structures or compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surface shall not include the water area of a swimming pool but shall include, but not be limited to, paver patios and such similar improvements or ground cover that otherwise meet the definition set forth herein.
IN-LAW SUITES. A room or group of rooms added to an existing single family detached unit designed for habitation as part of a single housekeeping unit and physically accessible from the main structure and subject to the same bulk regulations.
INDEPENDENT APARTMENT UNIT. A dwelling unit containing living areas, bedroom areas, kitchen areas and bathrooms, including studio style apartments, with a minimum area of 350 square feet, which house one or more people 55 years of age or older, or where either the husband or wife is 55 years of age or older, in a manner in which they may live independently while receiving one or more meals per day in a congregate setting.
JUDGMENT OF REPOSE. A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
JUNKYARD. The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural or industrial use permitted in any zone. The term JUNKYARD as herein defined includes automobile wrecking yards.
LIGHT INDUSTRIAL. The fabrication, assembly or processing, or the storage in bulk, of goods and materials inside of a building where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
LIVING SPACE. An area within a dwelling unit.
LOT. 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.
LOT, CORNER. A lot on the junction of land abutting two or more intersecting streets where the interior angle of intersection does not exceed 135 degrees. Each corner lot shall have two front yards, one side yard and one rear yard. The rear yard shall always be opposite the front entrance to the primary structure on such corner lot.
LOT SIZE. The total horizontal area included within lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as a right-of-way.
LOT DEPTH. The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that in triangular lots having no rear lot line the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than ten feet in length measured between its intersections with the side lot lines.
LOT FRONTAGE. That portion of a lot abutting and extending along the front property line. This definition shall apply to all lots, including, but not limited to, odd-shaped lots, triangular lots and lots having curved or irregular front lines.
LOT WIDTH. The mean horizontal width measured at right angles to the lot depth.
MAINTENANCE GUARANTEE. Any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit and cash, as more specifically described in § 156.31 below.
MASSAGE PARLORS/THERAPY. Any use that is described as providing any type of therapy or related service regarding health or well-being which requires physical contact provided the practitioner has state licensure or other generally recognized specialized education or training.
MINIMUM TRACT SIZE. The minimum amount of the gross acreage of the entire tract prior to any subdivision or development.
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.
NONCONFORMING STRUCTURE. A structure which in its design or location upon a lot does not conform to the regulations of Title 15 for the district in which it is located.
NONCONFORMING USE. Use of a building or of land that does not conform to the regulations of Chapter 152 for the zoning district in which it is situated.
NURSING HOME. A facility providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.
OFFICIAL MAP. A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
OPEN FENCE. Any fence or barrier that is not more than 75% solid. Examples of such fencing would be, but shall not be limited to, wire, chain-link, picket, post-and-rail, staggered board-on-board, louvered or a similar type fence.
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, off street parking, stormwater management facilities and other improvements that are designed to be incidental to the natural openness of the land.
PARKING SPACE. That area required for the parking or storage of one automobile.
PASSIVE OPEN SPACE or PASSIVE RECREATION AREAS. An unimproved area of land which may include water set aside, dedicated, designated, or reserved for public or private use and enjoyment which utilizes and depends on the natural environment and requires no significant modifications of that environment other than to provide access. It permits such low density uses as hiking, fishing, canoeing, nature study, horseback riding, and bicycling. PASSIVE OPEN SPACE typically includes wooded areas, streams, lakes, and other varieties of natural vegetative areas. For the purpose of this definition, detention and retention basins represent a developed use of the land and are not considered PASSIVE OPEN SPACE.
PERVIOUS SURFACE. Any surface that permits a significant portion of surface water to be absorbed.
PLANNED COMMERCIAL DEVELOPMENT. Two or more buildings containing uses permitted within the zoning district located on one or more lots designed as a planned development of related structures and uses including the provision of common access and drives, shared parking, unified architectural and building scheme, unified signage, a coordinated storm drainage and open space layout on an area of at least five acres in size.
PLANNED DEVELOPMENT. Unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED UNIT RESIDENTIAL DEVELOPMENT. An area with a specified minimum contiguous or non-contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
PROFESSIONAL. Any person or entity whose principals are required to be licensed by New Jersey Law and who supply legal representation, engineering services, planning services expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which such individuals practice.
PUBLIC AREAS.
(1) Public parks, playgrounds, trails, paths and other recreational areas;
(2) Other public open spaces;
(3) Scenic and historic sites; and
(4) Sites for schools and other public buildings and structures.
REGIONAL SHOPPING CENTER. A unified development of not less than 50 stores, shops or other commercial establishments, together with
areas for internal circulation, parking and other accessory uses consisting of one or more lots under the same or separate ownership, and having therein a building or group of buildings containing not less than 600,000 square feet of net floor area.
RESIDENTIAL CLUSTER. A contiguous or non-contiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RETENTION BASIN. A man-made or natural storm water management collector facility designed to collect surface and subsurface water and to retain some or all water that drains into it.
REVERSE FRONTAGE LOTS. A lot which fronts upon two parallel streets, and is not accessible from one of the parallel streets.
REVIEWING BOARD. The Planning Board, Board of Adjustment, Township Committee or other municipal agency or body which, pursuant to the Municipal Land Use Law and the Township Ordinance, has jurisdiction over the particular application.
REVIEWING BOARD ENGINEER. The professional engineer retained or hired by the Reviewing Board to advise such Reviewing Board as to the engineering issues applicable to particular applications before it.
SELF SERVICE STORAGE. A warehouse type structure containing relatively small storage spaces usually of varying sizes which are leased or rented individually. Individuals are typically permitted to access their storage spaces directly without appointment during designated business hours. Also known as mini-warehouses.
SENIOR CITIZEN. A person 55 years of age or older. A SENIOR CITIZEN will not lose his/her status as a SENIOR CITIZEN if the spouse or immediate member of the family (other than a child under the age of 18 years) of a SENIOR CITIZEN, a live-in domestic, companion or nurse,
regardless of his/her age, is a permanent resident living with such
SENIOR CITIZEN.
SETBACK LINE. A line within any lot, usually marking the limits of a required yard space, parallel to any property line between which line and the property line no building, structure or use or portion thereof may be erected, except as provided in Title 15.
SHOPPING CENTER. A group of retail stores, businesses, and/or service establishments which are planned, constructed and managed as a total entity. Customer and employee parking are provided on-site.
SIGN. Any object, device, display or structure, or part thereof, situated outdoors, 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, designs, symbols, fixtures, colors or illumination or projected images. "Signs" do not include the flag or emblem of any nation, organization of nations, state or city or any political subdivision thereof or any fraternal, religious or civic organizations; merchandise, prices, pictures or models of products or services incorporated in an indoor window display; works of art which in no way identify a product; or scoreboards located on athletic fields. Additional definitions relating to signs are set forth in § 154.10 below.
SITE PLAN, MAJOR. Any site plan not classified as a Minor Site Plan.
SITE PLAN, MINOR. A site plan of one or more lots which include the following:
(1) Does not propose the new construction or addition to any building or structure greater than 5,000 gross square feet;
(2) Does not disturb more than 10,000 gross square feet of land area;
(3) Requires 15 or fewer off-street parking spaces;
(4) Is not a planned development, as defined by N.J.S.A. 40:55D-1 et seq.;
(5) Does not involve the extension of any new street or off-tract improvement; and
(6) Contains information sufficient to make an informed judgment as to whether the requirements established by Title 15 for the approval of a minor site plan have been met.
SKILLED CARE NURSING UNIT. A nursing bed or individual room which provides board, shelter and 24 hour skilled nursing and medical care to chronic or convalescent patients. Skilled Care Nursing Units shall be in a facility that may include accessory uses including dining rooms, bathing areas, common areas, offices, clinics, therapy areas, medical facilities and other space necessary to provide the above services.
SOLID FENCE. Any fence that is a solid, close-boarded-type fence.
STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. No STORY shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a STORY if it covers over 1/3 the area of the floor next below it. For the purposes of this chapter, a split level shall be considered a one-story structure.
STORY, HALF. A story any two exterior sides of which meet a sloping roof not more than two feet above the floor of such story, or that portion of any structure herein defined as a basement.
STREET. A public or private thoroughfare not less than 30 feet in width if in existence prior to the passage of this chapter, nor less than 50 feet in width if established since the date of passage of this chapter, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road or any other
thoroughfare, except an alley. In apartment, townhouse, commercial or limited industrial developments, within a Township Center Zone, the curb-to-curb width of an internal street used for ingress and egress to and from and circulation within such developments or related parking areas may be less than 50 feet but not less than 20 feet.
STREET LINE. The dividing line between the lot and the street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.
STRUCTURE. Anything constructed, assembled or erected, the use of which requires location on the ground or attachment to something having location on or in the ground and shall include fences which are more than fifty-percent solid, tanks, towers, advertising devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels or other supports used for business or living purposes. The word STRUCTURE shall not apply to service utilities entirely below the ground.
SUBDIVISION, MAJOR. Any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR. A subdivision of an existing conforming lot for the creation of not more than four lots, one of which includes the remainder of the original lot, created over a total period of five years; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
SUBSTANTIVE CERTIFICATION. A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.
SWIMMING POOL. A water-filled enclosure, permanently constructed or portable, having a depth of 24 or more inches or having a surface area greater than 250 square feet, except where such pools are permanently equipped with a
water recirculating system or involve structural materials. Swimming pool shall include the terms "hot tub" and "spa".
TOWNHOUSE or TOWNHOME. One of a group of two or more attached dwelling units divided from each other by vertical walls and each having separate front and rear or front and side entrances from the outside.
TOWNSHIP ENGINEER. The Township official appointed by the Township Committee pursuant to §§ 30.095 and 30.096 of the Township Code. This term shall include any licensed professional engineer in the State of New Jersey appointed as an engineer to any board or commission within the Township of Voorhees.
ULDO. The Voorhees Township Unified Land Development Ordinance, codified as Title 15 of the Voorhees Township Code.
UNITS. The term UNIT shall mean the following:
(1) For single family detached or attached units - one housekeeping unit equals one unit.
(2) For condominiums, cooperatives and apartments - one housekeeping unit equals one unit.
(3) Assisted living facilities - one housekeeping unit equals one unit.
(4) Skilled care nursing facilities and nursing homes - one bed equals one unit.
USE. The purpose for which land or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.
WETLANDS. Those areas meeting the definition of wetlands under N.J.A.C. 5:1-1 et seq. and enforced by the New Jersey Department of Environmental Protection.
YARD. An open space, as may be required by Title 15, located on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
YARD, FRONT. A yard extending across the full width of the lot and lying between the front property line of the lot and the front yard building or parking setback line. The depth of the front yard shall be measured at right angles to the front property line of the lot.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear property line of the lot and the rear yard building or parking setback line. The depth of a rear yard shall be measured at right angles to the rear property line of the lot.
YARD, SIDE. An open, unoccupied space between the side property line of the lot and the side yard building or parking setback line and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear property lines as the case may be. The width of a side yard shall be measured at right angles to the side property line of the lot.
ZONING BOARD. The Zoning Board of Adjustment as established under the ULDO.
ZONING OFFICER. The ZONING OFFICER shall be the Township Official appointed by the Township Committee for the purpose of administering Title 15 and all other related ordinances and regulations.
(Ord. 945-99, passed 9-13-99; Am. Ord. 946-99; Am. Ord. 956-99, passed 11-8-99; Am. Ord. 2-2000, passed 1-24-00; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 90-06, passed 7-24-06; Am. Ord. 182-11, passed 3-28-11; Am. Ord. 266-15, passed 5-11-15; Am. Ord. 386-21, passed 8-9-21)