Town of Clinton, NJ Article II Definitions

§ 88-4 Definitions and word usage.

A. Definitions. For the purpose of this chapter, certain terms are defined as follows:

ACCESSORY BUILDING

A subordinate building or structure on the same lot with a principal building or a portion of the principal building occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a principal building in a substantial manner by a wall or roof, such accessory building shall be considered part of the principal building.

ACCESSORY USE

A use naturally and normally incident and subordinate to the principal use of the premises or lot.

ADMINISTRATIVE OFFICER

The Town Clerk, unless otherwise stated or intended by this chapter.

ADMINISTRATOR

As used in § 88-59, the Federal Insurance Administrator to whom has been delegated the administration of the national flood insurance program.

AGRICULTURAL USE

The growing of crops, the raising or breeding of dairy, poultry or other livestock, truck gardening, wood lots, nursery or greenhouse or other agricultural or horticultural purposes. Agricultural use shall also include open or wooded areas, ponds, brooks, meadows, swamps and land used for wild game preserves and noncommercial recreational purposes.

ALTERATION OF BUILDING

A change in the supporting members of a building, an addition to or diminution of a building, a conversion of a building or a part thereof, removal of a building from one location to another or a change in use.

APPLICANT

A developer 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 or zoning variance.

APPROVING AUTHORITY

The Land Use Board of the Town of Clinton, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.

[Amended 12-10-2013 by Ord. No. 13-20]

ARCHITECTURAL FEATURE

A part, portion, or projection on the exterior of a building that contributes to the historic character, beauty or elegance of a building or structure, including, but not limited to, windows, columns, cornices, eves, belt courses, sills and decorative ornaments.

[Added 4-25-2008 by Ord. No. 08-03]

AREAS HAVING SPECIAL FLOOD HAZARDS

See "floodplain."

ARTWORK

A two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.

[Added 10-13-2009 by Ord. No. 09-15]

ASSISTED LIVING

A residential facility which provides a coordinated array of supportive personal and health services available 24 hours per day to residents who have been assessed to need these services, including residents who require formal long-term care.

[Added 12-23-2008 by Ord. No. 08-19]

ATTIC

That area located under the roof of a building which does not meet the Uniform Construction Code[1] requirements for and definition of a story.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

AWNING

A cloth, plastic or other nonstructural covering that is either permanently attached to a building or can be raised or retracted to a position against a building when not in use.

[Added 4-25-2008 by Ord. No. 08-03]

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

[Amended 4-14-1987 by Ord. No. 87-8]

BEDDING

The arrangement of a sedimentary rock in layers of varying thickness and character.

[Added 8-26-2008 by Ord. No. 08-12]

BEDROCK

A general term for the rock that underlies soil or other unconsolidated material, directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.

[Added 8-26-2008 by Ord. No. 08-12]

BILLBOARD

A sign structure and/or sign, larger than four square feet, utilized for commercial advertising of a business, establishment, product, service, commodity, entertainment or other activity which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.

[Added 4-25-2008 by Ord. No. 08-03; amended 10-13-2009 by Ord. No. 09-15]

BLOCK

An area of land surrounded by streets.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

[Added 4-14-1987 by Ord. No. 87-8]

BREWPUB

An establishment licensed as a restricted brewery by the State of New Jersey under N.J.S.A. 33:1-10, where malt alcoholic beverages are brewed and manufactured, served and consumed on the premises, and which is operated in conjunction with a restaurant use that possesses a plenary retail consumption license. Such uses shall be used principally for the purpose of providing meals to its customers with adequate kitchen and dining room facilities immediately adjoining licensed brewery facilities.

[Added 4-13-2022 by Ord. No. 22-02]

BUILDING

A structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.

BUILDING COVERAGE

That portion of a lot covered by the main or first floor of a building or buildings.

CARBONATE AREA DISTRICT (CAD)

The Carbonate Area District is comprised of the Carbonate Rock District and the Carbonate Drainage Area.

[Added 8-26-2008 by Ord. No. 08-12]

CARBONATE DRAINAGE AREA (CDA)

Watershed areas which directly drain into the Carbonate Rock District.

[Added 8-26-2008 by Ord. No. 08-12]

CARBONATE ROCK

Rock consisting chiefly of calcium and magnesium carbonates.

[Added 8-26-2008 by Ord. No. 08-12]

CARBONATE ROCK DISTRICT (CRD)

Those land areas underlain by carbonate rock formations.

[Added 8-26-2008 by Ord. No. 08-12]

CAVE

A natural opening of a size permitting human exploration and extending into an underground region of sharply reduced or no light.

[Added 8-26-2008 by Ord. No. 08-12]

CELLAR

A portion of the building partly underground, having 1/2 or more than 1/2 of its clear height below the average grade of the adjoining ground. See "basement."

CENTER LINE OF STREET OR ROAD

A line midway between and parallel to the two street or road property lines, unless otherwise established by filed map, deed or similar legal record.

CIDER AND MEADERY

An establishment licensed by the State of New Jersey as a cider and meadery under N.J.S.A. 33:1-10, producing hard cider and/or mead, including the sale and distribution of the product to licensed wholesalers and retailers, and including the retail sale of the product at retail to consumers on the licensed premises for consumption on or off the premises, and the offering of samples for consumption on the premises.

[Added 4-13-2022 by Ord. No. 22-02]

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.

CLOSED DEPRESSION

A shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.

[Added 8-26-2008 by Ord. No. 08-12]

COLLAPSE SINKHOLE

A sinkhole caused by the collapse of the roof of a bedrock cavern.

[Added 8-26-2008 by Ord. No. 08-12]

COMMERCIAL MESSAGE

Any message (including sign wording, logo or other representation or image) that directly or indirectly provides commercial advertising for a business, establishment, product, service, commodity, entertainment or otherwise calls attention to a commercial activity.

[Added 10-13-2009 by Ord. No. 09-15]

COMMON FACILITIES

Includes but is not limited to facilities for the common use of two or more dwelling units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.

COMMON OPEN SPACE

That open space shown on a recorded subdivision or site plan for the common use of two or more dwelling units, excluding streets, roadways, parking areas, driveways and areas within which buildings are located and net residential densities calculated.

CONDITIONAL USE

A use permitted in a particular zone 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 this chapter and upon the issuance of an authorization therefor by the Land Use Board.

[Amended 12-10-2013 by Ord. No. 13-20]

CORNER LOT

A lot at the junction of and having frontage on two or more intersecting streets.

CRAFT BREWERY

An establishment licensed by the state as a limited brewery under N.J.S.A 33:1-10, to manufacture malt alcoholic beverages to sell and distribute the products to licensed wholesalers and retailers. The craft brewery may sell and serve the product at retail to consumers on the licensed premises for consumption on the premises but only in connection with tours of the brewery, or for consumption off premises, and to offer samples for sampling purposes only pursuant to an annual permit issued by the state. A craft brewery shall not sell food or operate a restaurant on the licensed premises.

[Added 4-13-2022 by Ord. No. 22-02]

CRAFT DISTILLERY

An establishment licensed by the State of New Jersey as a craft distillery under N.J.S.A 33:1-10, to manufacture distilled alcoholic beverages to rectify, blend, treat and mix distilled alcoholic beverages, and to sell and distribute the products to licensed wholesalers and retailers. The distillery may sell the product at retail to consumers on the licensed premises for consumption off the premises or, in connection with a tour of the distillery, the retail sale or offering of samples for consumption on the premises.

[Added 4-13-2022 by Ord. No. 22-02]

DENSITY, GROSS

The total number of dwelling units existing or permitted on a tract divided by the total area of the tract. The result is expressed as dwelling units per acre.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

DENSITY, NET

The total number of dwelling units within a designated portion of a tract divided by the total land area of the designated portion of the tract, including the open space, roadways, parking areas and common facilities devoted exclusively to that portion of the tract. The result is expressed as dwelling units per acre.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

DEPTH OF MEASUREMENT, MAXIMUM

A distance, as specified in this chapter, measured from and parallel to a street right-of-way, within which the required minimum lot size must be measured.

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 other person having an enforceable proprietary interest in such land.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DEVELOPMENT REGULATION

A zoning, subdivision, site plan, Official Map or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

DISAPPEARING STREAM

A stream that enters the subsurface through a sinkhole or other entrance.

[Added 8-26-2008 by Ord. No. 08-12]

DISSOLUTION

A space or cavity in or between rocks, formed by the solution of part of the rock material.

[Added 8-26-2008 by Ord. No. 08-12]

DIVISION

The Division of State and Regional Planning in the Department of Community Affairs.

DOLINE

See "sinkhole."

[Added 8-26-2008 by Ord. No. 08-12]

DOLOMITE

A carbonate rock that contains more than 15% magnesium carbonate.

[Added 8-26-2008 by Ord. No. 08-12]

DRAINAGE

The process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.

[Added 8-26-2008 by Ord. No. 08-12]

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:16A-1 et seq., and including lands intended as flood control basins.

[Amended 3-26-1985 by Ord. No. 85-4]

DWELLING or DWELLING UNIT

A building or part thereof used as the residence of and providing complete living facilities for a family as defined in this chapter.

DWELLING, MULTIFAMILY

A building containing three or more dwelling units.

DWELLING, ONE-FAMILY

A building containing one dwelling unit.

DWELLING, TWO-FAMILY

A building containing two dwelling units.

ELEVATED BUILDING

A nonbasement building which is built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or sheer walls parallel to the flow of the water and which is adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, elevated building also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls.

[Added 4-14-1987 by Ord. No. 87-8]

FAMILY

A person or any number of persons united by blood, marriage or legal adoption living together in a dwelling as a single housekeeping unit or a group of not more than five persons not necessarily related by blood, marriage or legal adoption living together as a single housekeeping unit.

FARM

A parcel of land comprised of five or more acres, exclusive of a minimum of one acre used for a dwelling, having a gross income exceeding $500 per year acquired from the produce thereon, the said five or more acres to be devoted to either the production for sale or consumption by the owner of plants and animals generally accepted as useful to man, including but not limited to forages and crops; grains and feed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules, dairy cattle or goats, including the breeding and grazing of any or all such animals; bees and apiary products; fur-bearing animals; and trees and forest products, including the processing and sale of these products on the property where produced. Land shall be deemed a farm when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products, including the processing and sale of these products on the property where produced.

FAULT

A surface or zone of rock fracture along which there has been noticeable differential earth movement.

[Added 8-26-2008 by Ord. No. 08-12]

FINAL APPROVAL

The official action of the Land Use Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.

[Amended 12-10-2013 by Ord. No. 13-20]

FINAL PLAT

The map or maps of a subdivision application for which final approval is sought pursuant to this chapter.

FISSURE

An extensive crack, break, or fracture in the rock.

[Added 8-26-2008 by Ord. No. 08-12]

FLAG

A piece of cloth, or similar flexible material, varying in size, shape, color, and design, usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, or organization.

[Added 4-25-2008 by Ord. No. 08-03]

FLOODPLAIN

The maximum area that, on the average, is likely to be flooded once every 500 years.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a one-hundred-year flood (the highest level of flooding that, on the average, is likely to occur once every 100 years).

FLOODWAY FRINGE

That land area lying between the outer limits of the floodway and the outer limits of the FP Floodplain District herein described.

FLOOR AREA

[Repealed 12-10-1985 by Ord. No. 85-25]

FLOOR AREA, GROSS

The total floor area of a building computed by measuring the horizontal dimension of the outside walls of all enclosed portions of the building or dwelling unit, but excluding nonresidential parking garages.

[Added 12-10-1985 by Ord. No. 85-25; amended 9-9-2003 by Ord. No. 03-13]

FLOOR AREA, NET HABITABLE

For residential uses, the area of a building computed by measuring the horizontal dimensions of the outside walls of a dwelling unit, excluding attics, basements or carports, verandas and garages.

[Added 12-10-1985 by Ord. No. 85-25]

FLOOR AREA RATIO

The ratio between the gross floor area of all buildings on a lot and the total area of the lot.

[Added 12-10-1985 by Ord. No. 85-25]

GARAGE, NONRESIDENTIAL PARKING

A parking structure, accessory to allowed nonresidential uses of a building, for the exclusive use of its tenants and their customers/visitors, attached to and located under the principal building.

[Added 9-9-2003 by Ord. No. 03-13]

GARAGE, PRIVATE

A detached accessory building or portion of the main building used for the storage of motor vehicles.

GENERAL TERMS AND CONDITIONS

The conditions under which preliminary approval is granted, including plat and plan details, § 88-41; on-tract improvements, § 88-42; off-tract improvements, § 88-43; and design standards, § 88-44.

GEOLOGIC INVESTIGATION PROGRAM

A program which identities the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.

[Added 8-26-2008 by Ord. No. 08-12]

GOVERNING BODY

The Town Council of the Town of Clinton.

GROSS DENSITY

The number of dwelling units per acre of total lot area.

HABITABLE ROOM

A room or enclosed floor space arranged for living, sleeping and eating purposes.

HEIGHT OF BUILDING

The vertical distance measured from the average ground elevation of the finished grade around the perimeter of the building to the level of the highest point of the roof surface if the roof is flat or, in the case of sloping roofs, to a point one-half the distance between the top of the uppermost plate and the highest point of the roof. Average elevation shall be the average of the highest and lowest elevations along the finished grade around the perimeter of the building.

[Amended 8-24-1999 by Ord. No. 99-8]

HOLIDAY AND SEASONAL DECORATIONS

Decorations that pertain to legal or other recognized holidays or to a season of the year.

[Added 10-13-2009 by Ord. No. 09-15]

HOME OCCUPATION

Nonresidential uses that are located on the same lot as residential uses, employing members of the household residing on the premises, that are compatible with the property and neighborhood in which they are located, that do not impair the underlying use of the property and the neighborhood, and meeting the criteria in § 88-60X.

[Amended 6-24-2003 by Ord. No. 03-10]

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Town, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of the State of New Jersey or of the United States has been denied, violated or infringed upon by an action or a failure to act under this chapter.

JOINT

A fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.

[Added 8-26-2008 by Ord. No. 08-12]

KARST

A type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.

[Added 8-26-2008 by Ord. No. 08-12]

LED LIGHTING

A type of solid-state lighting which uses light-emitting diodes as a source of illumination.

[Added 4-25-2008 by Ord. No. 08-03]

LIMESTONE

A carbonate sedimentary rock consisting primarily of calcium carbonate. Limestone is commonly used as a general term for that class of rocks which consists of at least 80% calcium or magnesium carbonate. In this chapter, the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marble.

[Added 8-26-2008 by Ord. No. 08-12]

LINEATION

Any straight line or alignment of natural features seen on an aerial photograph or any geographically referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.

[Added 8-26-2008 by Ord. No. 08-12]

LOADING SPACE

An off-street accommodation for the parking of a commercial vehicle during the process of transferring articles, materials, goods or merchandise between the vehicle and a building.

LOT

A parcel or portion of land exclusive of any adjoining street, separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds for purpose of sale, lease or separate use.

LOT AREA

The total square unit contents included within lot lines.

LOT DEPTH

The distance between the front and rear property lines of a lot, measured perpendicular to the lot width. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.

LOT LINES

The property boundary lines of a lot.

LOT WIDTH

The distance between the side lines of a lot, measured parallel to the street right-of-way.

LOWER-INCOME HOUSEHOLD

A household meeting the regional income eligibility limits for low- and moderate-income households or for low- and very-low-income households in the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the United States Department of Housing and Urban Development.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

LOWER-INCOME HOUSING

Dwelling units which are affordable by purchase or rent to a lower-income household spending not more than 28% of the monthly family income for sale housing and 30% of the monthly family income for rental housing.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.

[Added 4-14-1987 by Ord. No. 87-8]

LOW INCOME

Less than 50% of the median income for the region when used with and compared to the term moderate income; 50% to 80% of the median income for the region when used with and compared to the term very low income in the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the United States Department of Housing and Urban Development.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

MAINTENANCE GUARANTY

Any security, including cash, which may be accepted by the Town for the maintenance of any improvements required by this chapter.

MAJOR REPAIR

Any repair of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure before the repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MARBLE

A metamorphic rock consisting primarily of crystallized limestone or dolomite.

[Added 8-26-2008 by Ord. No. 08-12]

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

MINOR REPAIR

Any repair of a structure not herein defined as a major repair.

MINOR SUBDIVISION

The division of a tract of land meeting one or more of the following conditions:

(1) The elimination of a property line or property lines for the purpose of enlarging an existing parcel of land or combining contiguous lots or parcels of land.

(2) The division of a parcel of land for the purpose of enlarging an adjoining parcel wherein the remaining parcel is not in conflict with the zoning regulations nor is its future use or development adversely affected.

(3) The division of a tract of land into not more than two separate lots or parcels, including any remaining area wherein all such lots or parcels meet all of the following requirements:

(a) Said lots are not in conflict with the Zoning Ordinance, Master Plan or Official Map.

(b) All lots front on an existing street, as defined in this chapter, which is improved sufficiently to meet all requirements of Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32 et seq.), so that a building permit could be issued to construct a building on each lot.

(c) No new streets or roads are involved.

(d) Curbs, sidewalks and other improvements required in Article VI of this chapter are either in existence or said lots are located in a developed area where such improvements would normally be installed by the Town either as a general improvement or by assessment against benefiting property owners.

(e) The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.

(f) The creation of said lots will not produce a drainage problem or result in the necessity for drainage improvements.

(g) The creation of said lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of suitable future road access and desirable future road and lot patterns and future water and sanitary sewer utility installations and storm drainage improvements.

MODERATE INCOME

Fifty percent to 80% of the median income for the region. In the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the United States Department of Housing and Urban Development, the term "low income" is used instead of the term "moderate income" to refer to 50% to 80% of median income range.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

MOTOR VEHICLE SERVICE STATION

A building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil regardless of any other business on the premises, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work or painting.

MUNICIPAL AGENCY

The Land Use Board or the Town Council of the Town of Clinton.

[Amended 12-10-2013 by Ord. No. 13-20]

NEON LIGHTING

Lighting in which a gas and phosphors, or similar, are used in combination to illuminate transparent or translucent tubing or other materials.

[Added 4-25-2008 by Ord. No. 08-03]

NONCOMMERCIAL MESSAGE

Any message that is not a commercial message.

[Added 10-13-2009 by Ord. No. 09-15]

NONCONFORMING BUILDING

A building in which its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT

A lot of record existing at the date of the passage of this chapter which does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING USE

A use or activity existing as of the effective date of this chapter but which fails to conform to the requirements of the zoning district in which it is located.

OFFICIAL MAP

A map adopted by ordinance of the governing body pursuant to Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32 et seq.), showing the location and width of streets and drainage rights-of-way and the location and extent of public parks and playgrounds, whether existing or proposed.

OFF-TRACT IMPROVEMENT

An improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way and includes any of the following:

(1) All improvements of the types required for on-tract installation, where the need for the providing of such improvements off tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands which are the subject of the application.

(2) Any improvement or facility, the installation of which is required in the public interest, and the public need for which would not arise but for the improvement of the lands which are the subject of the applicant's application and the installation of which would confer a benefit upon the applicant's lands which are the subject of the application. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.

(3) Installation of new improvements and extensions and modifications of existing improvements.

ON-SITE

Located on the lot in question.

ON-TRACT IMPROVEMENT

Any improvement, the installation of which may be required as part of an application for development and which is to be located on the property which is the subject of an application for development or on a contiguous 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 and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OUTCROP

An exposure of bedrock projecting through the ground surface.

[Added 8-26-2008 by Ord. No. 08-12]

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop the same under this chapter.

PARKING AREA

An open area, other than a street or other public way, used for the parking of motor vehicles and available for public use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.

PARKING SPACE

An accommodation for the off-street parking of a motor vehicle, which space shall have the minimum dimensions and area established at § 88-44B(1)(j), exclusive of access drives or aisles, with adequate provision for ingress and egress.

[Amended 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25]

PERFORMANCE GUARANTY

A security which may be accepted in lieu of a requirement that certain improvements be made before the Land Use Board or other municipal agency approves a subdivision plat or site plan.

[Amended 12-10-2013 by Ord. No. 13-20]

PERSON

Any individual, partnership, volunteer association or profit or nonprofit corporation or entity.

[Added 4-25-2008 by Ord. No. 08-03]

PINNACLE

An irregular rock projection often buried beneath the ground surface.

[Added 8-26-2008 by Ord. No. 08-12]

PLANNED RESIDENTIAL DEVELOPMENT (PRD)

A tract with a minimum contiguous acreage of 25 acres or more to be developed as a single entity according to a plan showing both single- and multifamily residential development areas, in accordance with the requirements of Article VII, § 88-52.1.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-4-1985 by Ord. No. 85-25]

PLANNED RESIDENTIAL DEVELOPMENT PARK

A tract with a minimum contiguous acreage of 15 acres or more to be developed as a single entity according to a plan showing both a multifamily residential development area and a minimum of 60% open space, in accordance with the requirements of Article VII, § 52.1. [2]

[Added 8-24-1999 by Ord. No. 99-8]

PLAT

The map or maps of a subdivision.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to § 88-40C(3) of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.

[Amended 12-10-2013 by Ord. No. 13-20]

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PRELIMINARY PLAT OR SITE PLAN

The preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Secretary of the Land Use Board for consideration and preliminary approval.

[Amended 12-10-2013 by Ord. No. 13-20]

PRINCIPAL USE

The primary or predominant use of the premises.

PUBLIC ACCESS

Pedestrian, bicycle or vehicular access to a private or public property permitted via a public right-of-way or public open space.

[Added 4-25-2008 by Ord. No. 08-03]

QUORUM

The majority of the full authorized membership of a municipal agency.

REGION

The primary metropolitan statistical area (PMSA) encompassing Hunterdon County; a three-county region, including Hunterdon, Somerset and Middlesex Counties.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

RESIDENTIAL SITE IMPROVEMENT STANDARDS

The uniform design standards for streets, parking, water supply, sanitary sewers and storm water management for residential development in the State of New Jersey, found in N.J.A.C. 5:21-1 et seq.

[Added 8-24-1999 by Ord. No. 99-8]

RESTAURANT, FAST-FOOD

A building in which food and drink is served to patrons from counters for consumption either inside or outside the building and which may include facilities for serving food and drink to patrons in automobiles.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.

RIVERINE SITUATION

A physical condition relating to, formed by or resembling a river, including tributaries, streams, brooks, etc.

SETBACK

The required yard or distance between buildings and property lines.

SHEAR ZONE

A zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).

[Added 8-26-2008 by Ord. No. 08-12]

SHOP, RETAIL

A building or part thereof in which or from which a service is rendered directly to the public.

SIGN

Any object, device or structure, or part thereof, which is used to advertise, identify, direct or attract attention to an object, person, institution, organization, business, establishment, product, service, commodity, or entertainment, or an event sponsored by any institution, organization or business, or a location, by any means, including, but not limited to, words, letters, figures, designs, symbols, fixtures, illumination or projected images. Included in this definition are any of the above which are affixed to or located within a window and visible from the exterior of the building. Excluded from this definition are flags, artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets, athletic scoreboards and merchandise displayed within a building.[3]

[Amended 4-25-2008 by Ord. No. 08-03; 10-13-2009 by Ord. No. 09-15]

SIGN, AWNING

Any sign which is painted or applied to the surface of an awning and does not project or hang from an awning.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, CONSTRUCTION

A temporary on-premise sign that functions to identify:

[Added 10-13-2009 by Ord. No. 09-15; amended 11-24-2009 by Ord. No. 09-23]

(1) The ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site, and/or the architect, engineer or any other participants in the construction activity on the site, and announcing the purpose of the building or structure for which the building permit has been issued; or

(2) Services not requiring a building permit being performed by contractors, tradesmen or artisans during the time that services are being performed.

SIGN, DIGITAL

A light-emitting diode sign, also known as an "LED sign," used as a variable message sign or any other electronic variable message sign.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, DIRECTIONAL

Any sign which is designed and erected solely for the purpose of traffic, bicycle or pedestrian direction which is placed on the property to which or on which the public is directed.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, DIRECTORY

A sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities as well as a map or floor plan diagram indicating the location of the buildings and/or offices.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, ELECTION

A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the Town may vote.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, ERECTION OF

To build, construct, attach, place, suspend or affix a sign, including the painting of wall signs and the painting of signs or displays on the exterior surface of a building or structure. A material change in any sign shall be considered as the erection of a new sign. A change in the wording of a sign shall not be considered a material change.[4]

[Amended 9-11-2012 by Ord. No. 12-09]

SIGN, FLASHING

A sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light-emitting diode) or digital sign, and changes more frequently than once per minute.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, FREE EXPRESSION

A sign communicating information or views on matters of public policy concern or containing any other noncommercial message that is otherwise lawful.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, GROUND

Any sign supported by uprights or braces placed upon or in the ground and not attached to any building.

[Amended 4-25-2008 by Ord. No. 08-03]

SIGN HEIGHT

The highest spot at any one point on the sign measured from the average grade level surrounding the sign.[5]

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, INDIRECTLY LIGHTED

Any sign which reflects light from a source intentionally directed upon it, for example by means of floodlights, gooseneck reflectors or externally mounted fluorescent light fixtures.

SIGN, INTERMITTENT

A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light-emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, INTERNALLY ILLUMINATED

Any sign which spreads light over the sign surface from a source located within the sign and behind a translucent sign surface and wherein the direct source of light is not visible.

[Amended 4-25-2008 by Ord. No. 08-03]

SIGN, MACHINERY OR EQUIPMENT

A sign incorporated into machinery or equipment by a manufacturer or distributor that functions only to identify or advertise the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths and gasoline pumps.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, MEMORIAL OR TABLET

A sign that functions to bear the name of a building and/or the date of erection or construction of a building, which forms a part of the building and is not greater than three square feet, such as a cornerstone or building plaque.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, NAMEPLATE

A sign indicating the name and address of a building or the name of an occupant thereof and/or the practice of a permitted occupation therein.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, NEON OR LED "OPEN"

A neon or light-emitting diode sign that functions to identify whether or not a commercial business is then currently open to the public for business.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, NONCOMMERCIAL ON-SITE DIRECTIONAL

An on-site sign that functions to provide direction or information to pedestrian or vehicular traffic, that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises and does not display a commercial message (e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like).

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, PERMANENT

A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, PORTABLE

Any sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, inflatable displays, umbrellas used for advertising of the establishment they are used for, and signs attached to or painted on vehicles parked to enhance visibility from the public right-of-way. Excluded from this definition are standing signs.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, PROJECTING

A permanent sign attached to and projecting out from a building wall, generally at right angles to the building.

[Amended 4-25-2008 by Ord. No. 08-03]

SIGN, REAL ESTATE

A sign that functions to advertise the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, SNIPE

A sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks or other natural features, or to poles, stakes or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located. This shall not include warning signs such as "no trespassing" signs or "no hunting" signs.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, SPECIAL EVENT

A temporary sign, regardless of content, providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, STANDING

A temporary and moveable "A-frame" sign generally placed along a sidewalk or other area intended for the view of pedestrians.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, STATUTORY

A sign required by any statute or regulation of the State of New Jersey or the United States.

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, TEMPORARY

A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of a time.

[Added 4-25-2008 by Ord. No. 08-03]

SIGN, TRAFFIC CONTROL DEVICE

A sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not be readily apparent) and guide signs (that show route designations, directions, distances, services, points of interest and other geographical, recreational or cultural information).

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, WALL

A sign which is affixed parallel to or painted on an exterior wall of any building.

SIGN, WARNING

A sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., "gas line," "high voltage," "condemned building," etc.) or that functions to provide a warning of a violation of law (e.g. "no trespassing," "no hunting allowed," etc.).

[Added 10-13-2009 by Ord. No. 09-15]

SIGN, WINDOW

A temporary or permanent sign that is applied or attached to the interior or exterior of a window or glass (or similar substitute) on a door or located in such a manner within a building that it is directed at people outside of the building.

[Added 4-25-2008 by Ord. No. 08-03]

SINGLE OWNERSHIP

Ownership by one person or by two or more persons, whether jointly, as tenants by the entirety or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.

SINKHOLE (DOLINE)

A localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.

[Added 8-26-2008 by Ord. No. 08-12]

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.

SITE PLAN, MINOR

A development plan which is limited to any or all of the following: 1) alterations to the facade or roof of an existing building; 2) an increase and/or decrease in the floor area of an existing building, provided the change involves no more than 10% of the existing floor area or 200 square feet, whichever is less; 3) site grading or landscaping of an area no greater than 250 square feet; 4) a decrease of any parking spaces or an increase of less than five spaces, provided that such development plan does not involve a planned development, the installation of any road improvements or the extension of any off-tract improvements to be prorated pursuant to N.J.S.A. 40:55D-52.

[Added 11-22-2005 by Ord. No. 05-15]

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 88-41A of this chapter.

SOIL

The material found in the surface layer of the earth's crust which may be moved by a spade or shovel.

[Added 8-26-2008 by Ord. No. 08-12]

SOLUTIONED CARBONATES

Carbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.

[Added 8-26-2008 by Ord. No. 08-12]

SOLUTION CHANNELS

Tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings may serve as the water-bearing openings in carbonate rocks.

[Added 8-26-2008 by Ord. No. 08-12]

SOLUTION SINKHOLE

A depression formed from the slow dissolution of bedrock.

[Added 8-26-2008 by Ord. No. 08-12]

SPRING

A place where water naturally flows from rock or soil upon the land or body of surface water.

[Added 8-26-2008 by Ord. No. 08-12]

START OF CONSTRUCTION

Construction which includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

[Added 4-14-1987 by Ord. No. 87-8]

STORY

The aboveground 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 ceiling next above it.

[Amended 7-9-2013 by Ord. No. 13-14]

STORY, HALF

A portion of a building situated above a story, where the walls meet a sloping roof and having a maximum average height of five feet.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Land Use Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines, For the purpose of this chapter, streets shall be classified as follows:

[Amended 12-18-1986 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25; 12-10-2013 by Ord. No. 13-20]

(1) ARTERIAL STREETS Streets which are used primarily for fast or heavy traffic as designated on the circulation plan of the Master Plan of the Town of Clinton or have an average daily traffic volume (ADT) of over 3,500.

(2) COLLECTOR STREETS Streets which carry traffic from local streets to arterial streets and have an average daily traffic volume (ADT) from 1,500 to 3,500 vehicles or which provide the principal access from a preexisting collector or arterial street into a new residential development containing 50 or more dwelling units.

(3) LOCAL STREETS The streets of a residential development necessary for circulation within such development, providing access to abutting properties and having an average daily traffic volume (ADT) of less than 1,500.

(4) MARGINAL ACCESS STREETS Those streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(5) DEAD-END STREET or CUL-DE-SAC Any street or combination of streets having only one outlet or connection to a street having more than one outlet means of access.

STREET LINE

The right-of-way line of a street as indicated by public usage, dedication or deed of record.

STRUCTURE

Any combination of materials forming any construction the use of which requires location on the ground or attachment to something having location on the ground and including, among other things, display stands, platforms, pools, flagpoles, standpipes, earthenworks, tanks and towers of any kind. The term "structure" shall include the term "building."

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The term "subdivision" shall also include the term "resubdivision." The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:

(1) Divisions of land found by the Land Use Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.

[Amended 12-10-2013 by Ord. No. 13-20]

(2) Divisions of property by testamentary or intestate provisions.

(3) Divisions of property upon court order.

(4) Conveyances so as to combine existing lots by deed or other instrument.

SUBSIDENCE SINKHOLES

Sinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.

[Added 8-26-2008 by Ord. No. 08-12]

SURFACE RUNOFF

The part of the precipitation that passes over the surface of the soil.

[Added 8-26-2008 by Ord. No. 08-12]

TOWN

The Town of Clinton, in the County of Hunterdon and State of New Jersey.

TRACT

An area of land composed of one or more contiguous lots having sufficient area to meet the requirements of this character for the use(s) permitted. For the purposes of computing area and density requirements, a tract may include a public or private street or right-of-way, provided that portions of the remainder of the tract are located directly opposite each other along at least 75% of the frontage of the street or right-of-way in question.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

VARIANCE

Permission to depart from the literal requirements of a zoning regulation.

VERY LOW INCOME

Less than 50% of the median income for the region in the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the United States Department of Housing and Urban Development.

[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]

VOID

An opening in the soil or rock materials.

[Added 8-26-2008 by Ord. No. 08-12]

WINERY SALESROOM

An establishment licensed by the state as a winery sales room under N.J.S.A 33:1-15, that is owned and operated by the holder of a plenary winery license or out-of-state winery license issued by the state under N.J.S.A. 33:1-10, where wine produced by the licensee is sold at retail in original packages for consumption on or off the premises, and for the offering of samples.

[Added 4-13-2022 by Ord. No. 22-02]

YARDS

(1) FRONT YARD An open, unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest point of the principal building.

(2) REAR YARD An open space unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal building on the lot. If there is no rear lot line, as in the case of a triangular-shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming, provided that there can be drawn entirely within the property a quadrilateral formed by the rear line of the principal building, the extension of the sidelines of the principal building from the rear of the principal building and a line connecting said extended building side lines, which quadrilateral shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard.

(3) SIDE YARD An open space unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest point of the principal structure on the lot.

[1] Editor's Note: See Ch. 56, Construction Codes, Uniform.

[2] Editor's Note: The former definition of "planned unit development (PUD)," added 12-18-1984 by Ord. No. 84-14 and amended 12-10-1985 by Ord. No. 85-25, which immediately followed this definition, was deleted 8-24-1999 by Ord. No. 99-8.

[3] Editor's Note: The definition of "sign, area of," which immediately followed this definition, was repealed 4-25-2008 by Ord. No. 08-03.

[4] Editor's Note: The definition of "sign, freestanding," which immediately followed this definition, was repealed 4-25-2008 by Ord. No. 08-03.

[5] Editor's Note: The definition of "sign, illuminated," which immediately followed this definition, was repealed 4-25-2008 by Ord. No. 08-03.

B. Word usage. 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. The words "zone" and "district" are synonymous.

C. Terms not defined. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), if defined by that statute. In the event of a conflict between a definition in this chapter and that contained in said statute, the definition in said statute shall apply.