Conference/Public Meeting Agendas/Documents — Packet

designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development. Common ownership shall mean ownership of two (2) or more contiguous parcels of real property by one (1) person or by two (2) or more persons owning the property jointly as tenants by the entirety, joint tenants or tenants in common. Conditional use shall mean 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 therefor by the Planning Board. Congregate care shall mean housing which is specially designed multi-unit housing for independent to semi-independent people including community social and dining facilities. Individual living units include at a minimum, a living room/bedroom, bathroom, and kitchenette. These facilities must offer at least one (1) hot meal per day to each occupant and some housekeeping services within each unit. Construction equipment shall mean machinery or equipment used in the building, construction or excavating industries such as a backhoe or bulldozer. 6

Continuous nursing coverage shall mean nursing services as required by the New Jersey Department of Health for the operation of a long term health care facility. Conventional development shall mean development other than planned development. Corner lot shall mean a lot at the junction of, and having frontage on, two (2) or more intersecting streets. The front door of the structure determines the front and rear yard setbacks and street address. County Master Plan shall mean a composite of the master plan for the physical development of Essex County, together with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Essex County Planning Board pursuant to N.J.S.A. 40:27- 2 and N.J.S.A. 40:27-4. County Planning Board shall mean the Essex County Planning Board. Days shall mean calendar days. Density shall mean the permitted number of dwelling units per gross acre of land to be developed. Developer shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Development shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter or the Municipal Land Use law. Development regulations shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law. Display surface shall mean the total area made available, by the sign structure or otherwise, upon, against, or through which the message of the sign is exhibited. Drainage shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to

and includes control of runoff to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding. Dwelling shall mean a structure, or any part of a structure, arranged, intended or designed to be occupied as a residence. Dwelling, one-family shall mean a building containing one (1) dwelling unit. Dwelling, two-family shall mean a building containing two (2) dwelling units. Dwelling unit shall mean any single unit providing living facilities for one (1) or more persons including facilities for living, sleeping, eating, cooking, and sanitation. Environmental Commission shall mean the West Orange Environmental Commission established by Section 2-19 of the Revised General Ordinance of the Township of West Orange as amended and supplemented. Erect shall mean to build, construct, attach, place, suspend, or affix and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of a building, structure, or natural surface. 7

Facade shall mean the front, side and rear building planes visible from adjoining streets, sidewalks and parking areas. Family day care home shall mean the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.). Pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-66.5b, family day care homes shall be a permitted use in all residential districts. The requirements for family day care homes shall be the same as for single family dwelling units located within such residential districts. Fast food restaurant shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than fifteen (15) individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant. Flat bed truck shall mean an open back truck designed primarily for the transportation or removal of motor vehicles temporarily or permanently incapable of being operated on the street or highway. Floor area shall mean the area of all floors computed by measuring the inside dimension of the outside walls in a building, excluding the floors of the following: crawl spaces, cellars, porches, breezeways, patios, terraces, garages, and carports. The floor area of a second floor room or attic shall be included if the ceiling height is at least seven (7) feet, notwithstanding that the room or attic has minor ceiling slopes, provided that these walls are at least five (5) feet in height. Functional sign shall mean direction, information, or public service signs, such as signs advertising locations of rest rooms, telephone, or similar facilities of public convenience; and signs located on mechanical dispensing equipment that identify its product. Garage, private shall mean an accessory building or portion of a building housing motor vehicles strictly for the benefit of the resident. Garden apartment shall mean a multi-family residence not to exceed three (3) stories in which not more than four (4) families are served by two (2) entrances and all the livable

nefit of the resident. Garden apartment shall mean a multi-family residence not to exceed three (3) stories in which not more than four (4) families are served by two (2) entrances and all the livable space for each apartment is on one (1) floor or level. "Go-Go" entertainment business shall mean restaurants, private clubs, snack bars, night clubs, juice bars and businesses of a similar nature, whether serving alcoholic beverages on the premises or not, which include dancing and/or dancing exhibitions by male and/or female entertainers, commonly referred to as "go-go entertainment." Green roof shall mean a self-sustaining, vegetated roof system that does not require watering or maintenance of the plant material but may require periodic maintenance to prevent the non-living components of the roof system from deteriorating. Gross floor area shall mean the total area of a building, expressed in square feet, and derived by measuring the outside perimeter of the walls at each and every floor or level, including each story at floor level, the basement or any area below grade if the ceiling is higher than six (6) feet. There shall be no deduction made for hall areas, staircases or elevator areas, closets, storage areas, utility rooms, bathrooms, conference rooms, or reception areas. 8

Height of a building shall mean the vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the highest point of the roof. See Figure 1. Heliport shall mean an area, either at ground level or on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment. Figure 1: Height of Building Helistop shall mean a heliport but without auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment. Home occupation shall mean any lawful activity not otherwise prohibited by this chapter performed in a legal owner-occupied one-family residence, including without limitation, consulting, telemarketing, dressmaking, manicuring, craft making or drafting. Home cooking for commercial purposes is not permitted. Home professional office shall mean the use of a single family residence owned and occupied by a person also for his or her professional office where clients or patients are seen in his or her practice of any one of medicine or a related health care profession, law, dentistry, architecture, engineering, psychiatry, psychology, chiropractics, actuary science, physical therapy, certified social work, or accounting. Hotel or motel shall mean a facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. House of worship shall mean an institution such as a church, synagogue, temple, mosque or other facility that is used for the assembly of persons of similar beliefs for religious or spiritual worship, prayer and/or meditation. Industry, light shall mean the assembly, packaging, storage and

other facility that is used for the assembly of persons of similar beliefs for religious or spiritual worship, prayer and/or meditation. Industry, light shall mean the assembly, packaging, storage and distribution of products from finished products or parts.. Lot shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit. The word "lot" includes the word "plot." 1. Lot coverage shall mean that portion of a lot which is covered by parking areas and any impervious surface including but not limited to principal and accessory, structures, driveways, patios, sidewalks, etc. See Figure 2. 2. Lot depth shall mean the dimension from the rear lot line to the front lot line measured between the mid-points of the rear and front lot lines. See Figure 3. 3. Lot frontage shall mean the distance measured between side lot lines at the street line of the lot. Every lot must front on a dedicated and accepted street and the minimum street frontage for any lot must be forty (40) feet or Figure 2: Lot Coverage seventy-five (75%) percent of the required lot 9

width, whichever is greater. 4. Lot interior shall mean a lot other than a corner lot. 5. Lot line shall mean any established boundary of a lot. Any lot line which is neither a rear line nor a front line shall be deemed a side line. 6. Lot width shall mean the shortest distance between side lines measured at a point along the required front set-back line of the lot. Where the Table of District Regulations does not require a minimum front yard the lot width shall be measured at the street line of the lot. All lots shall be required to have a minimum width at all points in the lot of forty (40) feet or seventy-five (75%) percent of the required lot width, whichever is greater. See Figure 3. Figure 3: Lot Depth and Lot Width Marquee shall mean a permanent non- retractable cover made of rigid building materials constructed as an integral part of the building, the supports of which are part of the original structure, which extends from the building over an entrance or sidewalk to shield a doorway, window or sidewalk from the elements.. Marquee sign shall mean a sign which is attached to or printed upon a marquee. Massage, bodywork and somatic therapies shall mean and refer to systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as

nd palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neural myofascial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability. Massage, bodywork and somatic therapist shall mean any person, male or female, who administers massage, bodywork and/or somatic therapies for any form of consideration. Massage, bodywork or somatic therapy establishment shall mean any establishment or operation wherein massage, bodywork or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration. Message shall mean the information promoted by a sign. Master Plan shall mean a composite of one (1) or more written or graphic proposals for the development of this municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28. Mixed use shall mean dual use of a single parcel of land. All parking, yard, buffer and other requirements applicable to each individual use shall be applied to the combined use. Motor vehicle shall mean and include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles. 10

Motor vehicle fueling station shall mean a building or other structure or premises used for the retail dispensing or sales of vehicular fuels, including the retail sales of oil, grease, anti-freeze, tires, batteries, and automobile accessories. Motor vehicle service station shall mean a repair shop for motor vehicles including major repairs and clearly accessory services, including the retail dispensing or sales of vehicular fuels, but not including spray booths for painting of vehicles. Multi-family development or multi-family residential shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings. Municipal Land Use Law shall mean Chapter 291 of the Public Laws of New Jersey, 1975 codified at N.J.S.A. 40:55-1 et seq. and its amendments. Natural open space shall mean any area that is designated as such will be left free from any construction, roads, or developed recreational use. The area will be maintained by the property owner with trees, shrubs, and other fill in planting and paths. Sewer and water line easements may cross this designated "Natural Area." Nonconforming lot or preexisting nonconforming lot shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but 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 or preexisting nonconforming structure shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. Nonconforming use or preexisting nonconforming use shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. Nursing home and/or long-term care residential healthcare facility shall mean a facility, licensed by the Department of Health of the State of New Jersey as a facility, to provide health care under medical supervision and continuous